Mr. Waxman (for
himself, Ms. Eshoo,
Mr. Markey,
Mr. Doyle,
Ms. Matsui,
Mrs. Christensen,
Mr. Pallone,
Ms. DeGette,
Mr. Engel, and
Ms. Schakowsky) introduced the
following bill; which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Science,
Space, and Technology and Oversight and Government Reform, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned

A BILL

To provide for the creation of a public safety broadband
network, to ensure a more efficient and innovative allocation of the
electromagnetic spectrum, to permit the Federal Communications Commission to
conduct incentive auctions, and for other purposes.

1.

Short title; table of
contents

(a)

Short
title

This Act may be cited
as the Wireless Innovation and Public
Safety Act of 2011.

Sec. 506. Report on availability of wireless equipment for the
700 MHz band.

2.

Definitions

In this Act:

(1)

700 MHz D block
spectrum

The term 700 MHz D block spectrum means the
portion of the electromagnetic spectrum between the frequencies from 758
megahertz to 763 megahertz and between the frequencies from 788 megahertz to
793 megahertz.

(2)

Appropriate
committees of Congress

Except as otherwise specifically provided,
the term appropriate committees of Congress means—

(A)

the Committee on
Commerce, Science, and Transportation of the Senate; and

(B)

the Committee on
Energy and Commerce of the House of Representatives.

(3)

Assistant
Secretary

The term Assistant Secretary means the
Assistant Secretary of Commerce for Communications and Information.

(4)

Commercial
mobile data service

The term commercial mobile data
service means any mobile service (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)) that is—

(A)

a data service,
which may include mobile broadband Internet access service and Internet
Protocol-based applications;

(B)

provided for
profit; and

(C)

available to the
public or to such classes of eligible users as to be effectively available to
the public.

(5)

Commercial
mobile service

The term commercial mobile service
has the meaning given such term in section 332(d)(1) of the Communications Act
of 1934 (47 U.S.C. 332(d)(1)).

(6)

Commercial
standards

The term commercial standards means the
technical standards followed by the commercial mobile service and commercial
mobile data service industries for network, device, and Internet Protocol
connectivity. Such term includes standards developed by the Third Generation
Partnership Project (3GPP), the Institute of Electrical and Electronics
Engineers (IEEE), the Alliance for Telecommunications Industry Solutions
(ATIS), and the Internet Engineering Task Force (IETF).

(7)

Commission

The
term Commission means the Federal Communications
Commission.

(8)

Core
network

The term core
network means the core network described in section 202(b)(1).

(9)

Federal
entity

The term Federal
entity has the meaning given such term in section 113(i) of the National
Telecommunications and Information Administration Organization Act (47 U.S.C.
923(i)).

(10)

Governor

The
term Governor means the Governor or other chief executive officer
of a State.

(11)

Guard band
spectrum

The term guard band spectrum means the
portion of the electromagnetic spectrum between the frequencies from 768
megahertz to 769 megahertz and between the frequencies from 798 megahertz to
799 megahertz.

(12)

Indian
tribe

The term Indian
tribe has the meaning given such term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(13)

Narrowband
spectrum

The term narrowband spectrum means the
portion of the electromagnetic spectrum between the frequencies from 769
megahertz to 775 megahertz and between the frequencies from 799 megahertz to
805 megahertz.

(14)

NIST

The
term NIST means the National Institute of Standards and
Technology.

(15)

NTIA

The
term NTIA means the National Telecommunications and Information
Administration.

(16)

Program
Management Office

The term Program Management Office
means the office established under section 203(a).

(17)

Public safety
answering point

The term public safety answering
point has the meaning given such term in section 222 of the
Communications Act of 1934 (47 U.S.C. 222).

(18)

Public safety
broadband network

The term public safety broadband
network means the network described in section 202.

(19)

Public Safety
Broadband Corporation

The term Public Safety Broadband
Corporation or Corporation means the corporation
established under section 201(a)(1).

(20)

Public safety
broadband spectrum

The term
public safety broadband spectrum means—

(A)

the portion of the electromagnetic spectrum
between the frequencies from 763 megahertz to 768 megahertz and between the
frequencies from 793 megahertz to 798 megahertz; and

(B)

the 700 MHz D
block spectrum.

(21)

Public Safety
Communications Research Program

The term Public Safety
Communications Research Program means the program that is housed within
the Department of Commerce Labs in Boulder, Colorado, and that is a joint
effort between the Office of Law Enforcement Standards of NIST and the
Institute for Telecommunication Sciences of the NTIA.

(22)

Public safety
entity

The term public safety entity means an entity
that provides public safety services.

(23)

Public safety
services

The term
public safety services has the meaning given such term in section
337(f)(1) of the Communications Act of 1934 (47 U.S.C. 337(f)(1)).

(24)

Radio access
network

The term radio access network means the
radio access network described in section 202(b)(2).

(25)

State

The term State means any of
the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.

(26)

State Public
Safety Broadband Office

The term State Public Safety
Broadband Office means an office established under section
212(d).

(27)

Tribal

The term tribal means, when
used with respect to any entity, that such entity is a tribal organization (as
defined in section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b)).

3.

Rule of
construction

Each range of
frequencies described in this Act shall be construed to be inclusive of the
upper and lower frequencies in the range.

4.

Enforcement

(a)

In
general

The Commission shall
implement and enforce this Act as if this Act were a part of the Communications
Act of 1934 (47 U.S.C. 151 et seq.). A violation of this Act, or a regulation
promulgated under this Act, shall be considered to be a violation of the
Communications Act of 1934, or a regulation promulgated under such Act,
respectively.

(b)

Exception

Subsection
(a) does not apply in the case of a provision of this Act that is expressly
required to be carried out by an agency (as defined in section 551 of title 5,
United States Code) other than the Commission.

I

Allocation and
Assignment of Public Safety Broadband Spectrum

101.

Reallocation of
700 MHz D block spectrum for public safety use

(a)

In
general

The Commission shall reallocate the 700 MHz D block
spectrum for use by public safety entities in accordance with the provisions of
this Act.

(b)

Quantity of
spectrum allocated for public safety use

Section 337(a) of the
Communications Act of 1934 (47 U.S.C. 337(a)) is amended—

(1)

by striking
Not later than January 1, 1998, the and inserting
The;

(2)

in paragraph (1),
by striking 24 and inserting 34; and

(3)

in paragraph (2),
by striking 36 and inserting 26.

102.

Assignment of
license to Corporation

(a)

In
general

Not later than the date that is 30 days after the date of
the incorporation of the Public Safety Broadband Corporation under section
201(a), the Commission shall revoke the license for the public safety broadband
spectrum and the guard band spectrum and assign a new, single license for the
public safety broadband spectrum and the guard band spectrum to the Corporation
for the purpose of ensuring the construction, management, maintenance, and
operation of the public safety broadband network.

(b)

Term

(1)

Initial
license

The initial license
assigned under subsection (a) shall be for a term of 10 years.

(2)

Renewal of
license

Prior to the
expiration of the term of the initial license assigned under subsection (a) or
the expiration of any renewal of such license, the Corporation shall submit to
the Commission an application for the renewal of such license in accordance
with the Communications Act of 1934 (47 U.S.C. 151 et seq.) and any applicable
Commission regulations. Such renewal application shall demonstrate that, during
the term of the license that the Corporation is seeking to renew, the
Corporation has fulfilled its duties and obligations under this Act and the
Communications Act of 1934 and has complied with all applicable Commission
regulations. A renewal of the initial license granted under subsection (a) or
any renewal of such license shall be for a term not to exceed 10 years.

(c)

Definition of
public safety services

Section 337(f)(1) of the Communications Act
of 1934 (47 U.S.C. 337(f)(1)) is amended—

(1)

in subparagraph
(A), by striking to protect the safety of life, health, or
property and inserting to provide law enforcement, fire and
rescue response, or emergency medical assistance (including such assistance
provided by ambulance services, hospitals, and urgent care facilities);
and

(2)

in subparagraph
(B)—

(A)

in clause (i), by
inserting or tribal organizations (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b))
before the semicolon; and

(B)

in clause (ii), by
inserting or a tribal organization after a governmental
entity.

103.

Ensuring
efficient and flexible use of 700 MHz public safety narrowband
spectrum

(a)

License
requirements

The Commission
may not renew a license to use the narrowband spectrum after the date of the
enactment of this Act, or grant an application for an initial license to use
such spectrum after the date that is 3 years after such date of enactment,
unless the licensee or applicant demonstrates that failure of the Commission to
renew such license or grant such application will—

(1)

cause considerable economic hardship;
or

(2)

adversely impact the ability of the
licensee or applicant to provide public safety services.

(b)

Inventory

Not later than 6 months after the date of
the enactment of this Act, the Commission shall complete and submit to the
appropriate committees of Congress a State-by-State inventory of the use of the
narrowband spectrum, current as of such date of enactment, including the
numbers of base stations that are deployed and in day-to-day operation, the
approximate number of users, the extent of interoperability among the deployed
stations, and the approximate per-unit costs of mobile equipment.

(c)

Flexible
use

In order to promote
efficient spectrum use, the Commission may allow the narrowband spectrum and
the guard band spectrum to be used in a flexible manner, including for public
safety broadband communications, subject to such technical and interference
protection measures as the Commission may require.

104.

Sharing of
public safety broadband spectrum and network

(a)

Emergency access
by non-Public safety entities

(1)

In
general

Notwithstanding any
limitation in section 337 of the Communications Act of 1934 (47 U.S.C. 337),
upon the request of a State Public Safety Broadband Office, the Corporation may
enter into agreements with entities in such State that are not public safety
entities to permit such entities to obtain access on a secondary, preemptible
basis to the public safety broadband spectrum in order to facilitate
interoperability between such entities and public safety entities in protecting
the safety of life, health, and property during emergencies and during
preparation for and recovery from emergencies, including during emergency
drills, exercises, and tests.

(2)

Preemption

The Corporation shall ensure that, under
any agreements entered into under paragraph (1), public safety entities may
preempt use of the public safety broadband spectrum by the entities with which
the Corporation has entered into such agreements.

(b)

Public-Private
partnerships

Notwithstanding
any limitation in section 337 of the Communications Act of 1934 (47 U.S.C.
337), the Corporation may permit a private entity with which the Corporation
contracts on behalf of public safety entities to construct, manage, maintain,
or operate the core network or the radio access network, upon the request of
such private entity, to—

(1)

obtain access to
the public safety broadband spectrum for services that are not public safety
services; or

(2)

share equipment or
infrastructure of the public safety broadband network, including antennas and
towers.

(c)

Approval by
Commission

The Corporation may not enter into an agreement under
subsection (a) or (b)(1) without the approval of the Commission.

(d)

Reinvestment

The Corporation shall use any funds the
Corporation receives under the agreements entered into under subsections (a)
and (b) to cover the administrative expenses of the Corporation for the fiscal
year in which such funds are received and shall use any excess for the
construction, management, maintenance, and operation of the public safety
broadband network.

(e)

Access by
Federal departments and agencies

Notwithstanding any limitation in section
337 of the Communications Act of 1934 (47 U.S.C. 337), the Corporation shall
enter into such written agreements as are necessary to permit Federal
departments and agencies to have shared access to the public safety broadband
spectrum on an equivalent basis in order to protect the safety of life, health,
and property.

(f)

Prohibition on
offering commercial services

The Corporation may not offer,
provide, or market commercial telecommunications services or information
services directly to the public.

105.

Commission
rules

(a)

In
general

In order to carry out the provisions of this Act, the
Commission shall—

(1)

adopt technical
rules necessary to sufficiently manage spectrum use in bands adjacent to the
public safety broadband spectrum;

the equipment of the public safety entity
is technically compatible with the network of the commercial provider;

(B)

the commercial
provider is reasonably compensated; and

(C)

such access does not unreasonably preempt
or otherwise terminate or degrade existing voice conversations or data
sessions;

(3)

adopt technical
rules governing the operation of the public safety broadband network in areas
near the international borders of the United States;

(4)

adopt rules
ensuring the commercial availability of devices capable of operating in the
public safety broadband spectrum, known as Band Class 14, at costs comparable
to those of similar devices that are designed to operate in spectrum allocated
for commercial use; and

(5)

consider the
adoption of such other rules as the Commission determines are necessary.

(b)

Deadline

The
Commission shall adopt the rules required by paragraphs (1) through (4) of
subsection (a) not later than 180 days after the date of the enactment of this
Act.

(c)

Consultation

In
adopting rules under subsection (a) (or considering the adoption of rules under
paragraph (5) of such subsection), the Commission shall consult with the
Director of the Office of Emergency Communications in the Department of
Homeland Security, the Assistant Secretary, the Director of NIST, and the
Public Safety Communications Research Program.

106.

FCC report on
efficient use of public safety spectrum

(a)

In
general

Not later than 180
days after the date of the enactment of this Act and every 2 years thereafter,
the Commission shall, in consultation with the Assistant Secretary and the
Director of NIST, conduct a study and submit to the appropriate committees of
Congress a report on the spectrum allocated for public safety use.

(b)

Contents

The
report required by subsection (a) shall include—

(1)

an examination of
how such spectrum is being used;

(2)

recommendations on
how such spectrum may be used more efficiently;

(3)

an assessment of
the feasibility of public safety entities relocating from other bands to the
public safety broadband spectrum; and

(4)

an assessment of
whether any spectrum made available by the relocation described in paragraph
(3) could be returned to the Commission for reassignment through auction,
including through use of incentive auction authority under subparagraph (G) of
section 309(j)(8) of the Communications Act of 1934, as added by section
302(a).

II

Advanced Public
Safety Communications

A

Public Safety
Broadband Network

201.

Establishment
and operation of Public Safety Broadband Corporation

(a)

Establishment

(1)

In
general

There is authorized
to be established a private, nonprofit corporation to be known as the Public
Safety Broadband Corporation, which will not be an agency or establishment of
the United States Government or the District of Columbia government.

(2)

Governing
law

The Corporation shall be
subject to the provisions of this Act and, to the extent consistent with this
Act, the District of Columbia Nonprofit Corporation Act (sec. 29–301.01 et
seq., D.C. Official Code). The Corporation shall have the usual powers
conferred upon a nonprofit corporation by the District of Columbia Nonprofit
Corporation Act.

(3)

Incorporation

The members of the initial Board of
Directors of the Corporation shall serve as the incorporators of the
Corporation and shall take the necessary steps to establish the Corporation
under the District of Columbia Nonprofit Corporation Act. The Corporation shall
notify the Commission of the date of its incorporation as soon as possible
after such incorporation.

(4)

Initial
bylaws

The members of the initial Board of Directors of the
Corporation shall establish the initial bylaws of the Corporation.

(5)

Residence

The Corporation shall have its place of
business in the District of Columbia and shall be considered, for purposes of
venue in civil actions, to be a resident of the District of Columbia.

(b)

Board of
Directors

(1)

Membership and
appointment

The management of the Corporation shall be vested in
a Board of Directors, which shall consist of 15 members, as follows:

(A)

Federal
members

Four Federal members, or their designees, as
follows:

(i)

The
Secretary of Commerce.

(ii)

The
Secretary of Homeland Security.

(iii)

The Director of
the Office of Management and Budget.

(iv)

The
Attorney General of the United States.

(B)

Non-Federal
public-sector members

Seven non-Federal public-sector members,
representing both urban and rural interests, appointed by the Secretary of
Commerce, as follows:

(i)

State
Governors

Two members, each of whom is the Governor of a State,
or their designees.

(ii)

Local and
tribal government members

Two members, each of whom is the chief
executive officer of a political subdivision of a State or an Indian tribe, or
their designees.

(iii)

Public safety
entity employees

Three members, each of whom is employed by a
public safety entity and possesses one or more of the following
qualifications:

(I)

Experience with
emergency preparedness and response.

(II)

Technical
expertise with public safety radio communications.

(III)

Operational experience with 9–1–1 emergency
services.

(IV)

Training in
hospital or urgent medical care.

(C)

Private-sector
members

Four private-sector
members, appointed by the Secretary of Commerce, each of whom has extensive
experience implementing commercial standards in the design, development, and
operation of commercial mobile data service networks.

(2)

Independence of
non-Federal public-sector and private-sector members

(A)

In
general

Each non-Federal
public-sector member and each private-sector member of the Board of Directors
appointed under paragraph (1) shall be independent and neutral.

(B)

Independence
determination

In order to be
considered independent for purposes of this paragraph, a member of the
Board—

(i)

may not, other than in the capacity of such
member as a member of the Board or a committee thereof, accept any consulting,
advisory, or other compensatory fee from the Corporation; and

(ii)

shall be disqualified from any deliberation
involving any transaction of the Corporation in which such member has a
financial interest in the outcome.

(3)

Federal
employment status

The non-Federal public-sector members and the
private-sector members of the Board of Directors shall not, by reason of
membership on the Board, be considered to be officers or employees of the
United States Government or the District of Columbia government.

(4)

Citizenship

Each non-Federal public-sector member and
each private-sector member of the Board of Directors shall be a citizen of the
United States.

(5)

Terms of
appointment

(A)

Initial
appointment deadline

The
initial non-Federal public-sector members and the initial private-sector
members of the Board of Directors shall be appointed not later than 180 days
after the date of the enactment of this Act.

(B)

Terms

(i)

Length

(I)

Federal
members

Each Federal member
of the Board of Directors shall serve as a member of the Board for the life of
the Corporation.

(II)

Non-Federal
public-sector and private-sector members

The term of office of each non-Federal
public-sector member and each private-sector member of the Board of Directors
shall be 3 years. Such a member may not serve more than 2 full terms
consecutively.

(ii)

Expiration of
term

Any non-Federal
public-sector member or private-sector member of the Board of Directors whose
term has expired may serve until such member’s successor has taken office, or
until the end of the calendar year in which such member’s term has expired,
whichever is earlier.

(iii)

Appointment to
fill vacancy

A non-Federal
public-sector member or private-sector member of the Board of Directors
appointed to fill a vacancy occurring prior to the expiration of the term for
which that member’s predecessor was appointed shall be appointed for the
remainder of the predecessor’s term.

(iv)

Staggered
terms

With respect to the initial non-Federal public-sector
members and the initial private-sector members of the Board of
Directors—

(I)

four members shall
serve for a term of 3 years;

(II)

four members
shall serve for a term of 2 years; and

(III)

three members
shall serve for a term of 1 year.

(C)

Effect of
vacancies

A vacancy in the
membership of the Board of Directors shall not affect the Board’s powers and
shall be filled in the same manner as the original member was appointed.

(6)

Chair

(A)

Selection

The
Chair of the Board of Directors shall be selected by the Secretary of Commerce
from among the non-Federal public-sector members and the private-sector members
of the Board.

(B)

Term

The
term of office of the Chair of the Board of Directors shall be 2 years, and an
individual may not serve more than 2 consecutive terms.

(7)

Removal

(A)

By Secretary of
Commerce

The Secretary of Commerce may remove, for good
cause—

(i)

the
Chair of the Board of Directors; or

(ii)

any
non-Federal public-sector member or private-sector member of the Board of
Directors.

(B)

By
Board

The members of the
Board of Directors may, by majority vote—

(i)

remove any non-Federal public-sector member
or private-sector member of the Board for conduct determined by the Board to be
detrimental to the Board or to the Corporation; or

(ii)

request that the
Secretary of Commerce exercise his or her authority to remove the Chair of the
Board for conduct determined to be detrimental to the Board or to the
Corporation.

(8)

Meetings

(A)

Frequency

The
Board of Directors shall meet in accordance with the bylaws of the
Corporation—

(i)

at
the call of the Chair of the Board; and

(ii)

not
less frequently than once each quarter.

(B)

Transparency

Meetings of the Board of Directors, and
meetings of any committees of the Board, shall be open to the public. The Board
may, by majority vote, close any such meeting only for the time necessary to
preserve the confidentiality of commercial or financial information that is
privileged or confidential, to discuss personnel matters, or to discuss legal
matters affecting the Corporation, including pending or potential
litigation.

(9)

Quorum

Eight
members of the Board of Directors, including not fewer than 6 non-Federal
public-sector members or private-sector members, shall constitute a
quorum.

(10)

Attendance

Members of the Board of Directors may
attend meetings of the Corporation and vote in person, via telephone
conference, or via video conference.

(11)

Bylaws

A majority of the members of the Board of
Directors may amend the bylaws of the Corporation.

(12)

Prohibition
against compensation

A member
of the Board of Directors shall serve without pay, and shall not otherwise
benefit, directly or indirectly, as a result of the member’s service to the
Corporation, but shall be allowed a per diem allowance for travel expenses, at
rates authorized for an employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the home or regular place of
business of the member in the performance of the duties of the
Corporation.

(c)

Chief Executive
Officer and employees

(1)

In
general

The Corporation shall
have 1 officer, a Chief Executive Officer, and such employees as may be
necessary to carry out the duties and responsibilities of the Corporation under
this title and title I, for such terms, and at such rates of compensation in
accordance with paragraph (5), as the Board of Directors of the Corporation
considers appropriate. The Chief Executive Officer and the employees shall
serve at the pleasure of the Board of Directors.

(2)

Qualifications
of CEO

The Chief Executive Officer shall have extensive
experience in the deployment, management, or design of commercial mobile data
service networks.

(3)

Citizenship

The Chief Executive Officer and the
employees of the Corporation shall be citizens of the United States.

(4)

Nonpolitical
nature of appointment

No
political test or qualification may be used in selecting, appointing,
promoting, or taking other personnel actions with respect to the Chief
Executive Officer or the agents or employees of the Corporation.

(5)

Compensation

(A)

In
general

The Board of Directors may fix the compensation of the
Chief Executive Officer and the employees hired under this subsection, as
necessary to carry out the duties and responsibilities of the Corporation under
this title and title I, except that—

(i)

the
rate of compensation for the Chief Executive Officer or any employee may not
exceed the maximum rate of basic pay established under section 5382 of title 5,
United States Code, for a member of the Senior Executive Service; and

(ii)

notwithstanding any other provision of law
except clause (i), or any bylaw of the Corporation, all rates of compensation,
including benefit plans and salary ranges, for the Chief Executive Officer and
the employees shall be jointly approved by a majority of the Federal members of
the Board.

(B)

Limitation on
other compensation

Neither
the Chief Executive Officer nor any employee of the Corporation may receive any
salary or other compensation (except for compensation for service on boards of
directors of other organizations that do not receive funds from the
Corporation, on committees of such boards, and in similar activities for such
organizations) from any sources other than the Corporation for services
rendered during the period of the employment of the Chief Executive Officer or
employee, respectively, by the Corporation.

(C)

Service on other
boards

Service by the Chief
Executive Officer or any employee of the Corporation on a board of directors of
another organization, on a committee of such a board, or in a similar activity
for such an organization shall be subject to annual advance approval by the
Board of Directors.

(D)

Federal
employment status

Neither the
Chief Executive Officer nor any employee of the Corporation shall be considered
to be an officer or employee of the United States Government or the District of
Columbia government.

(d)

Selection of
agents, consultants, and experts

(1)

In
general

The Board shall select parties to serve as its agents,
consultants, and experts in a fair, transparent, and objective manner.

(2)

Final and
binding

If the selection of an agent, consultant, or expert
satisfies the requirements of paragraph (1), the selection of such agent,
consultant, or expert shall be final and binding.

(e)

Nonprofit and
nonpolitical nature of Corporation

(1)

Stock

The Corporation shall have no power to
issue any shares of stock, or to declare or pay any dividends.

(2)

Profit

No
part of the income or assets of the Corporation shall inure to the benefit of
any director, officer, employee, or any other individual associated with the
Corporation, except as salary or reasonable compensation for services.

(3)

Politics

The
Corporation may not contribute to or otherwise support any political party or
candidate for elective public office.

(4)

Prohibition on
lobbying activities

The Corporation may not engage in lobbying
activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(7))).

(f)

General
powers

In addition to the powers granted to the Corporation by
any other provision of law, the Corporation shall have the authority to do the
following:

(1)

To adopt and use a corporate seal.

(2)

To have succession
until dissolved by an Act of Congress.

(3)

To prescribe,
through the actions of the Board of Directors, bylaws not inconsistent with
Federal law and the laws of the District of Columbia, regulating the manner in
which the Corporation’s general business may be conducted and the manner in
which the privileges granted to the Corporation by law may be exercised.

(4)

To exercise,
through the actions of the Board of Directors, all powers specifically granted
to the Corporation by the provisions of this title and title I, and such
incidental powers as shall be necessary.

(5)

To hold such
hearings, sit and act at such times and places, take such testimony, and
receive such evidence as the Corporation considers necessary to carry out its
responsibilities and duties.

(6)

To obtain grants
and funds from and make contracts with individuals, private companies,
organizations, institutions, and Federal, State, regional, and local
agencies.

(7)

To accept, hold,
administer, and utilize gifts, donations, and bequests of property, both real
and personal, for the purposes of aiding or facilitating the work of the
Corporation.

(8)

To spend amounts
obtained under paragraph (6) in a manner authorized by the Board, but only for
purposes that will advance or enhance public safety communications consistent
with this Act.

(9)

To establish
reserve accounts with funds that the Corporation may receive from time to time
that exceed the amounts required by the Corporation to timely pay its debt
service and other obligations.

(10)

To expend the
funds placed in any reserve accounts established under paragraph (9) (including
interest earned on any such amounts) in a manner authorized by the Board, but
only for purposes that—

(A)

will advance or
enhance public safety communications consistent with this Act; or

(B)

are otherwise
approved by an Act of Congress.

(11)

To take such
other actions as the Corporation, through the Board of Directors, may from time
to time determine necessary, appropriate, or advisable to accomplish the
purposes of this title and title I.

(g)

Principal
powers

In addition to the
powers granted to the Corporation by any other provision of law, the
Corporation shall have the power—

(1)

to hold the single
license for the public safety broadband spectrum and the guard band spectrum
assigned by the Commission under section 102(a);

(2)

to take all
actions necessary to ensure the construction, management, maintenance, and
operation of the public safety broadband network, in consultation with Federal
users of the network, public safety entities, the Commission, and the Technical
and Operations Advisory Body established under subsection (h), including
by—

(A)

ensuring the use of commercial
standards;

(B)

issuing open, transparent, and competitive
requests for proposals to private-sector entities for the purpose of
constructing, managing, maintaining, and operating the public safety broadband
network;

(C)

entering into and overseeing the
performance of contracts or agreements with private-sector entities to
construct, manage, maintain, and operate the public safety broadband
network;

(D)

leveraging, to the maximum extent possible,
existing commercial, private, and public infrastructure to reduce costs,
supplement network capacity, and speed deployment of the network;

(E)

entering into roaming and priority access
agreements with providers of commercial mobile service and commercial mobile
data service to allow users of the public safety broadband network to obtain
such services across the networks of such providers;

(F)

entering into sharing agreements under
section 104; and

(G)

exercising
discretion in using and disbursing the funds received under section 401(b)(4);
and

(3)

to establish the
Program Management Office and delegate functions to such Office, in accordance
with section 203.

(h)

Technical and
Operations Advisory Body

(1)

Establishment

In addition to such other standing or ad
hoc committees, panels, or councils as the Board of Directors considers
necessary, the Corporation shall establish a Technical and Operations Advisory
Body, which shall provide advice to the Corporation with respect to operational
and technical matters related to public safety communications and commercial
mobile data service.

(2)

Membership

The Technical and Operations Advisory Body
shall be composed of such representatives as the Board of Directors considers
appropriate, including representatives of the following:

(A)

Public safety
entities.

(B)

State, local, and
tribal entities that use the public safety broadband network.

(C)

Public safety
answering points.

(D)

One or more of the
10 regional organizational units of the Federal Emergency Management
Agency.

(E)

The Bureau of
Indian Affairs.

(F)

The Office of
Science and Technology Policy.

(G)

The Public Safety
Communications Research Program.

(H)

Providers of
commercial mobile data service and vendors of equipment, devices, and software
used to provide and access such service.

(i)

Audits and
reports by GAO

(1)

Audits

(A)

In
general

The financial transactions of the Corporation for any
fiscal year during which Federal funds are available to finance any portion of
its operations shall be audited annually by the Comptroller General of the
United States in accordance with the principles and procedures applicable to
commercial corporate transactions and under such rules and regulations as may
be prescribed by the Comptroller General.

(B)

Location

Any
audit conducted under subparagraph (A) shall be conducted at the place or
places where accounts of the Corporation are normally kept.

(C)

Access to
corporation books and documents

(i)

In
general

For purposes of an audit conducted under subparagraph
(A), the representatives of the Comptroller General shall—

(I)

have access to all
books, accounts, records, reports, files, and all other papers, things, or
property belonging to or in use by the Corporation that pertain to the
financial transactions of the Corporation and are necessary to facilitate the
audit; and

(II)

be afforded full
facilities for verifying transactions with the balances or securities held by
depositories, fiscal agents, and custodians.

(ii)

Requirement

All
books, accounts, records, reports, files, papers, and property of the
Corporation shall remain in the possession and custody of the
Corporation.

(2)

Reports

(A)

In
general

The Comptroller General of the United States shall submit
a report of each audit conducted under paragraph (1)(A) to—

(i)

the
appropriate committees of Congress;

(ii)

the
President; and

(iii)

the
Corporation.

(B)

Contents

Each
report submitted under subparagraph (A) shall contain—

(i)

such
comments and information as the Comptroller General determines necessary to
inform Congress of the financial operations and condition of the
Corporation;

(ii)

any
recommendations of the Comptroller General relating to the financial operations
and condition of the Corporation; and

(iii)

a
description of any program, expenditure, or other financial transaction or
undertaking of the Corporation that was observed during the course of the
audit, which, in the opinion of the Comptroller General, has been carried on or
made without the authority of law.

(j)

Annual report to
Congress

(1)

In
general

Not later than 1 year
after the date of enactment of this Act, and each year thereafter, the
Corporation shall submit an annual report covering the preceding fiscal year to
the appropriate committees of Congress.

(2)

Required
content

The report required under paragraph (1) shall
include—

(A)

a comprehensive
and detailed report of the operations, activities, financial condition, and
accomplishments of the Corporation under this section;

(B)

an analysis of the continued need for the
Program Management Office and opportunities for reductions in staffing levels
or scope of work in light of progress made in network deployment, including the
requests for proposals process; and

(C)

such
recommendations or proposals for legislative or administrative action as the
Corporation considers appropriate.

(3)

Availability to
testify

The directors, employees, and agents and the Chief
Executive Officer of the Corporation shall be available to testify before the
appropriate committees of the Congress with respect to—

(A)

the report
required under paragraph (1);

(B)

the report of any
audit made by the Comptroller General under subsection (i); or

(C)

any other matter
which such committees may consider appropriate.

(k)

Prohibition
against negotiation with foreign governments

The Corporation may not negotiate or enter
into any agreements with a foreign government on behalf of the United
States.

(l)

Use of
mails

The Corporation may use
the United States mails in the same manner and under the same conditions as the
departments and agencies of the United States.

202.

Public safety
broadband network

(a)

Establishment

The
Corporation shall ensure the establishment of a nationwide, interoperable
public safety broadband network.

(b)

Network
components

The public safety broadband network shall be based on
a single, national network architecture that evolves with technological
advancements and initially consists of the following:

(1)

A core network
that—

(A)

consists of
national and regional data centers, and other elements and functions that may
be distributed geographically, all of which shall be based on commercial
standards; and

(B)

provides the
connectivity between—

(i)

the
radio access network; and

(ii)

the
public Internet or the public switched network, or both.

(2)

A radio access
network that—

(A)

is deployed on a
State-by-State or multi-State basis;

(B)

consists of all cell site equipment,
antennas, and backhaul equipment, based on commercial standards, that are
required to enable wireless communications with devices using the public safety
broadband spectrum; and

(C)

shall be
developed, constructed, managed, maintained, and operated taking into account
the plans developed in the State, local, and tribal planning and implementation
grant program under section 212.

(c)

Deployment
standards

The Corporation shall, through the administration of
the requests-for-proposals process and oversight of contracts delegated to the
Program Management Office—

(1)

ensure that the core network and the radio
access network are deployed as networks are typically deployed by commercial
mobile data service providers;

(2)

promote competition in the public safety
equipment market by requiring that equipment for use on the public safety
broadband network be—

(A)

built to open, nonproprietary, commercial
standards;

(B)

capable of being used by any public safety
entity and accessed by devices manufactured by multiple vendors; and

(C)

backward-compatible with prior generations
of commercial mobile service and commercial mobile data service networks to the
extent typically deployed by providers of commercial mobile service and
commercial mobile data service; and

(3)

ensure that the public safety broadband
network is integrated with public safety answering points, or the equivalent of
public safety answering points, and with networks for the provision of Next
Generation 9–1–1 services (as defined in section 231).

(d)

Procurement

In
all procurement related to the core network and the radio access network, the
Corporation shall use an open, competitive bidding process that—

(1)

details the
required framework and architecture of such networks, the general
specifications of the work requested, and the service-delivery responsibilities
of successful bidders;

(2)

provides for the
award of subcontracts; and

(3)

prohibits, except
in the case of minor upgrades—

(A)

sole-source contracts; and

(B)

requirements for design proprietary to any
individual vendor.

(e)

Network
infrastructure and device criteria

The Director of NIST, in consultation with
the Corporation and the Commission, shall develop and periodically update a
list of approved devices and components meeting appropriate protocols and
standards. A device or component may not be used on the public safety broadband
network unless it appears on such list.

203.

Program
Management Office

(a)

Establishment

The Corporation shall establish and staff a
Program Management Office within the Corporation, or award a network management
services contract to a private entity to establish and staff such an office.
Any such contract shall be awarded through an open, competitive bidding process
and shall be subject to approval by the Secretary of Commerce.

(b)

Accountability

The
actions of the Program Management Office shall be subject to review by the
Corporation.

(c)

Independence

For the duration of any contract between
the Program Management Office and the Corporation, the Program Management
Office may not have a material financial interest in the outcome of any request
for proposals of the Corporation or a material financial interest in any
contract or agreement entered into by the Corporation.

(d)

Duties

Subject
to the determination of the Corporation of the continuing need and appropriate
scale of the Program Management Office, the Program Management Office
shall—

(1)

be responsible for
carrying out the day-to-day activities of the Corporation, including ensuring
uniformity of deployments of and upgrades to the public safety broadband
network to preserve nationwide interoperability and economies of scale in
network equipment and device costs;

(2)

develop and
recommend for adoption by the Corporation a nationwide plan for the deployment
of the public safety broadband network;

(3)

create a template for use by a State Public
Safety Broadband Office receiving a grant under section 212(a) in transmitting
the plans developed under such section to the Program Management Office;

(4)

create, for
approval by the Corporation—

(A)

baseline criteria
for a request for proposals for the construction, management, maintenance, and
operation of the core network; and

(B)

baseline criteria for requests for
proposals for the construction, management, maintenance, and operation of the
radio access network;

(5)

in consultation
with State Public Safety Broadband Offices, evaluate responses to the requests
for proposals described in paragraph (4);

(6)

administer and
oversee, and verify and validate the performance of, contracts entered into by
the Corporation with entities the proposals of which the Corporation
accepts;

(7)

in consultation with State Public Safety
Broadband Offices, the Office of Emergency Communications in the Department of
Homeland Security, and the Commission, implement an awareness campaign in order
to stimulate nationwide adoption of the public safety broadband network by
public safety entities;

(8)

in consultation
with State Public Safety Broadband Offices, assess the progress of the
construction and adoption of the public safety broadband network and report to
the Corporation regarding such progress at such intervals as the Corporation
requests, but no less frequently than biannually; and

(9)

in consultation with State Public Safety
Broadband Offices, develop a strategy for the Corporation on the distribution
of public funding provided under section 401(b)(4) for the construction,
management, maintenance, and operation of the public safety broadband
network.

(e)

Development and
evaluation of requests for proposals

In developing requests for
proposals with respect to the core network and the radio access network, the
Program Management Office shall, on a State-by-State or multi-State basis, seek
proposals and recommend for acceptance by the Corporation proposals
that—

(1)

are based on
commercial standards and are backward-compatible with existing commercial
mobile service and commercial mobile data service networks;

(2)

maximize use of
existing infrastructure of commercial entities and of Federal, State, and
tribal entities, including existing public safety infrastructure;

(3)

provide for the selection on a localized
basis of network options that remain consistent with the national network
architecture;

(4)

incorporate
deployable network assets, vehicular repeaters, and other equipment as a means
to provide additional coverage and capacity as may be required;

(5)

ensure a
nationwide level of interoperability;

(6)

provide economies
of scale in equipment and device costs comparable to those in the commercial
marketplace, including the costs of devices capable of operating in Band Class
14;

(7)

promote
competition in the network equipment and device markets;

(8)

ensure coverage of
rural and underserved areas;

(9)

take into account
the need for the relocation of any incumbent public safety narrowband
operations from the public safety broadband spectrum;

(10)

enable technology
upgrades at a pace comparable to that occurring in the commercial mobile
service and commercial mobile data service marketplaces;

(11)

ensure the reliability, security, and
resiliency of the network, including through measures for—

(A)

protecting and
monitoring the cybersecurity of the network; and

(B)

managing supply
chain risks to the network; and

(12)

incorporate results from the 700 MHz
demonstration network managed by the Public Safety Communications Research
Program.

(f)

Consultation
with Technical and Operations Advisory Body

In carrying out its
responsibilities, the Program Management Office shall regularly meet and
consult with the Technical and Operations Advisory Body established under
section 201(h).

204.

Representation
before standards setting entities

The Corporation, in consultation with the
Director of NIST, the Commission, and the Technical and Operations Advisory
Body established under section 201(h), shall represent the interests of Federal
departments and agencies and public safety entities using the public safety
broadband network before any appropriate standards development organizations
that address issues that in the judgment of the Corporation are relevant and
important to the public safety broadband network.

205.

GAO report on
satellite broadband

Not later
than 2 years after the date of the enactment of this Act, the Comptroller
General of the United States shall conduct a study and submit to the
appropriate committees of Congress a report on the current and future
capabilities of fixed and mobile satellite broadband for use by public safety
entities.

206.

Access to Federal
supply schedules

Section 502
of title 40, United States Code, is amended—

(1)

by redesignating
subsection (f) as subsection (g); and

(2)

by inserting after
subsection (e) the following new subsection:

(f)

Use of supply
schedules by Public Safety Broadband Corporation for certain goods and
services

(1)

In
general

The Administrator may
provide, to the extent practicable, for the use by the Public Safety Broadband
Corporation of Federal supply schedules for the following:

Broadband network
equipment, devices, and applications that are suitable for use on the public
safety broadband network.

(2)

Definitions

In this subsection—

(A)

the terms
commercial mobile data service and public safety broadband
network have the meanings given such terms in section 2 of the
Wireless Innovation and Public Safety Act of
2011;

(B)

the term commercial mobile
service has the meaning given such term in section 332(d)(1) of the
Communications Act of 1934 (47 U.S.C. 332(d)(1)); and

(C)

the term
Public Safety Broadband Corporation means the corporation
established under section 201(a)(1) of the Wireless Innovation and Public Safety Act of
2011.

.

207.

Federal
infrastructure sharing

The
Administrator of General Services shall establish rules to allow the
Corporation, on behalf of public safety entities, to have access to such
components of Federal infrastructure as are appropriate for the construction
and maintenance of the public safety broadband network.

208.

Initial funding
for Corporation

(a)

In
general

There is appropriated
to the Assistant Secretary $50,000,000 for use in accordance with subsection
(b), to remain available until the commencement of incentive auctions to be
carried out under subparagraph (G) of section 309(j)(8) of the Communications
Act of 1934, as added by section 302(a), or the auction of spectrum pursuant to
subsection (a)(1) or (b)(1) of section 301.

(b)

Use of
funds

The Assistant Secretary
shall use the funds appropriated under subsection (a)—

(1)

for reasonable administrative expenses and
other costs associated with the establishment of the Corporation; and

(2)

subject to subsection (c), for transfer to
the Corporation of an amount the Assistant Secretary considers necessary for
the Corporation to carry out its duties and responsibilities under this title
and title I prior to the 1st fiscal year for which the Corporation projects
that the fees collected under section 209 will be sufficient to cover the total
expenses of the Corporation for such fiscal year.

(c)

Conditions

The
Assistant Secretary may not transfer any funds under subsection (b)(2) unless
the Corporation files with the Assistant Secretary—

(1)

an estimated budget for the period between
the filing and the beginning of the 1st fiscal year for which the Corporation
projects that the fees collected under section 209 will be sufficient to cover
the total expenses of the Corporation for such fiscal year; and

(2)

a statement of the anticipated use of the
funds transferred.

(d)

Reinvestment of
excess funds

Beginning with
the 1st fiscal year in which the Corporation collects fees under section 209 in
excess of the total expenses of the Corporation in carrying out its duties and
responsibilities under this title and title I for such fiscal year, the
Corporation shall use any remaining amount of the funds transferred under
subsection (b)(2) only to ensure the construction, management, maintenance, and
operation of the public safety broadband network.

209.

Permanent
self-funding of Corporation and duty to collect certain fees

(a)

In
general

The Corporation is
authorized to assess and collect the following fees:

(1)

Network user
fees

A user or subscription fee from each public safety entity
and Federal department or agency that seeks access to or use of the public
safety broadband network.

(2)

Sharing
arrangement fees

A fee from
each entity with which the Corporation enters into a sharing arrangement under
section 104.

(b)

Establishment of
fee amounts

The total amount of the fees assessed for each fiscal
year under this section shall be sufficient, and to the extent practicable
shall not exceed the amount necessary, to cover the total expenses of the
Corporation in carrying out its duties and responsibilities under this title
and title I for such fiscal year.

(c)

Required
reinvestment of excess funds

If, in a fiscal year, the Corporation
collects fees under this section in excess of the total expenses of the
Corporation in carrying out its duties and responsibilities under this title
and title I for such fiscal year, the Corporation shall use the excess only to
ensure the construction, management, maintenance, and operation of the public
safety broadband network.

B

State, Local, and
Tribal Planning and Implementation

211.

State, Local,
and Tribal Planning and Implementation Fund

(a)

Establishment

There
is established in the Treasury of the United States a fund to be known as the
State, Local, and Tribal Planning and Implementation Fund.

(b)

Purpose

The
Assistant Secretary shall establish and administer the grant program under
section 212 using the funds deposited in the State, Local, and Tribal Planning
and Implementation Fund.

(c)

Crediting of
receipts

There shall be deposited into or credited to the State,
Local, and Tribal Planning and Implementation Fund—

(1)

any amounts
specified in section 401; and

(2)

any amounts
borrowed by the Assistant Secretary under subsection (d).

(d)

Borrowing
authority

(1)

In
general

The Assistant Secretary may borrow from the general fund
of the Treasury beginning on October 1, 2011, such sums as may be necessary,
but not to exceed $250,000,000, to implement section 212.

(2)

Reimbursement

The
Assistant Secretary shall reimburse the general fund of the Treasury, without
interest, for any amounts borrowed under paragraph (1) as funds are deposited
into the State, Local, and Tribal Planning and Implementation Fund.

212.

State, local,
and tribal planning and implementation grant program

(a)

Establishment of
grant program

The Assistant Secretary, in consultation with the
Corporation, shall take such action as is necessary to establish a grant
program to make grants to each State Public Safety Broadband Office established
under subsection (d) to assist State, local, and tribal public safety entities
within such State in carrying out the following activities:

(1)

Identifying and planning the most efficient
and effective use and integration by such entities of the spectrum and the
infrastructure, equipment, and other architecture associated with the public
safety broadband network to satisfy the wireless communications and data
services needs of such entities.

(2)

Identifying
opportunities for creating a consortium with one or more other States to assist
the Program Management Office in developing a single request for proposals to
serve the common network requirements of the States in the consortium.

(3)

Identifying the particular assets and
specialized needs of the public safety entities located within such State for
inclusion in requests for proposals with respect to the radio access network.
Such assets may include available towers and infrastructure. Such needs may
include the projected number of users, preferred buildout timeframes, special
coverage needs, special hardening, reliability, security, and resiliency needs,
local user priority assignments, and integration needs of public safety
answering points and emergency operations centers.

(4)

Transmitting the
plans developed under this subsection to the Program Management Office using
the template developed under section 203(d)(3).

(b)

Matching
requirements; Federal share

(1)

In
general

The Federal share of the cost of any activity carried out
using a grant under this section may not exceed 80 percent of the eligible
costs of carrying out that activity, as determined by the Assistant Secretary,
in consultation with the Corporation.

(2)

Waiver

The
Assistant Secretary may waive, in whole or in part, the requirements of
paragraph (1) for good cause shown if the Assistant Secretary determines that
such a waiver is in the public interest.

(c)

Programmatic
requirements

Not later than 6 months after the date of the
incorporation of the Corporation under section 201(a), the Assistant Secretary,
in consultation with the Corporation, shall establish requirements relating to
the grant program to be carried out under this section, including the
following:

(1)

Defining eligible
costs for purposes of subsection (b)(1).

(2)

Determining the
scope of eligible activities for grant funding under this section.

(3)

Prioritizing
grants for activities that ensure coverage in rural as well as urban
areas.

(d)

State Public
Safety Broadband Offices

A
State wishing to receive a grant under this section shall establish a State
Public Safety Broadband Office to carry out the activities described in
subsection (a). The Assistant Secretary may not accept a grant application
unless such application certifies that the State has established such an
office.

213.

Public safety
wireless facilities deployment

(a)

In
general

Notwithstanding section 704 of the Telecommunications Act
of 1996 (Public Law 104–104) or any other provision of law, a State or local
government may not deny, and shall approve, any eligible facilities request for
a modification of an existing wireless tower that does not substantially change
the physical dimensions of such tower.

(b)

Eligible
facilities request

In this section, the term eligible
facilities request means a request that—

(1)

is for a
modification of an existing wireless tower that involves—

(A)

collocation of new
transmission equipment;

(B)

removal of
transmission equipment; or

(C)

replacement of
transmission equipment; and

(2)

is made by an entity that enters into a
contract with the Corporation to construct, manage, maintain, or operate the
public safety broadband network for purposes of performing work under such
contract.

C

Public Safety
Communications Research and Development

221.

NIST-directed
public safety wireless communications research and development

(a)

In
general

From amounts made available from the Public Safety Trust
Fund established under section 401, the Director of NIST, in consultation with
the Commission, the Secretary of Homeland Security, and the National Institute
of Justice of the Department of Justice, as appropriate, shall conduct research
and assist with the development of standards, technologies, and applications to
advance wireless public safety communications.

(b)

Required
activities

In carrying out
subsection (a), the Director of NIST, in consultation with the Corporation and
the Technical and Operations Advisory Body established under section 201(h),
shall—

(1)

document public
safety wireless communications requirements;

(2)

accelerate the
development of the capability for communications between currently deployed
public safety narrowband systems and the public safety broadband
network;

(3)

establish a
research plan, and direct research, that addresses the wireless communications
needs of public safety entities beyond what can be provided by the current
generation of broadband technology;

(4)

accelerate the development of mission
critical voice communications, including device-to-device talkaround capability
over broadband networks, public safety prioritization, authentication
capabilities, and standard application programming interfaces, if necessary and
practical;

(5)

accelerate the development of
communications technology and equipment that can facilitate the eventual
migration of public safety narrowband communications to the public safety
broadband network;

(6)

ensure the
development and testing of new, interoperable, nonproprietary broadband
technologies (including applications, devices, and device components) that are
designed to open standards to meet the needs of public safety entities;

(7)

seek to develop
technologies, standards, processes, and architectures that provide a
significant improvement in network security, resiliency, and trustworthiness;
and

(8)

convene working groups of relevant
government and commercial parties in carrying out paragraphs (1) through
(7).

D

Next Generation
9–1–1 Services

231.

Definitions

In this subtitle:

(1)

9–1–1 services,
E9–1–1 services, Next Generation 9–1–1 services

The terms
9–1–1 services, E9–1–1 services, and Next Generation 9–1–1
services shall have the meaning given those terms in section 158 of the
National Telecommunications and Information Administration Organization Act (47
U.S.C. 942), as amended by this Act.

(2)

Emergency
call

The term emergency
call has the meaning given such term in section 158 of the National
Telecommunications and Information Administration Organization Act (47 U.S.C.
942), as amended by this Act.

(3)

Multi-line
telephone system

The term multi-line telephone
system or MLTS means a system comprised of common control
units, telephone sets, control hardware and software and adjunct systems,
including network and premises based systems, such as Centrex and VoIP, as well
as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission
under part 68 of title 47, Code of Federal Regulations) and includes systems
owned or leased by governmental agencies and non-profit entities, as well as
for profit businesses.

(4)

Office

The
term Office means the 9–1–1 Implementation Coordination Office
established under section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942), as amended by this
Act.

(5)

Public safety
answering point

The term public safety answering
point has the meaning given the term in section 222 of the
Communications Act of 1934 (47 U.S.C. 222).

232.

Coordination of
9–1–1 implementation

Section
158 of the National Telecommunications and Information Administration
Organization Act (47
U.S.C. 942) is amended to read as follows:

158.

Coordination of
9–1–1, E9–1–1 and next generation 9–1–1 implementation

(a)

9–1–1
Implementation Coordination Office

(1)

Establishment
and continuation

The Assistant Secretary and the Administrator of
the National Highway Traffic Safety Administration shall—

(A)

establish and
further a program to facilitate coordination and communication between Federal,
State, and local emergency communications systems, emergency personnel, public
safety organizations, telecommunications carriers, and telecommunications
equipment manufacturers and vendors involved in the implementation of 9–1–1
services; and

(B)

establish a 9–1–1
Implementation Coordination Office to implement the provisions of this
section.

(2)

Management
plan

(A)

Development

The
Assistant Secretary and the Administrator shall develop a management plan for
the grant program established under this section, including by
developing—

(i)

plans related to
the organizational structure of such program; and

(ii)

funding profiles
for each fiscal year of the 5-year duration of such program.

(B)

Submission to
Congress

Not later than 90 days after the date of enactment of
the Wireless Innovation and Public Safety Act
of 2011, the Assistant Secretary and the Administrator shall
submit the management plan developed under subparagraph (A) to—

(i)

the Committees on
Commerce, Science, and Transportation and Appropriations of the Senate;
and

(ii)

the Committees on
Energy and Commerce and Appropriations of the House of Representatives.

(3)

Purpose of
office

The Office shall—

(A)

take actions, in
concert with coordinators designated in accordance with subsection
(b)(3)(A)(ii), to improve coordination and communication with respect to the
implementation of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1
services;

(B)

develop, collect,
and disseminate information concerning practices, procedures, and technology
used in the implementation of 9–1–1 services, E9–1–1 services, and Next
Generation 9–1–1 services;

(C)

advise and assist
eligible entities in the preparation of implementation plans required under
subsection (b)(3)(A)(iii);

(D)

receive, review,
and recommend the approval or disapproval of applications for grants under
subsection (b); and

(E)

oversee the use of
funds provided by such grants in fulfilling such implementation plans.

(4)

Reports

The
Assistant Secretary and the Administrator shall provide an annual report to
Congress by the first day of October of each year on the activities of the
Office to improve coordination and communication with respect to the
implementation of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1
services.

(b)

9–1–1, E9–1–1
and Next Generation 9–1–1 Implementation Grants

(1)

Matching
grants

The Assistant Secretary and the Administrator, acting
through the Office, shall provide grants to eligible entities for—

(A)

the implementation
and operation of 9–1–1 services, E9–1–1 services, migration to an IP-enabled
emergency network, and adoption and operation of Next Generation 9–1–1 services
and applications;

(B)

the implementation
of IP-enabled emergency services and applications enabled by Next Generation
9–1–1 services, including the establishment of IP backbone networks and the
application layer software infrastructure needed to interconnect the multitude
of emergency response organizations; and

(C)

training public
safety personnel, including call-takers, first responders, and other
individuals and organizations who are part of the emergency response chain in
9–1–1 services.

(2)

Matching
requirement

The Federal share of the cost of a project eligible
for a grant under this section shall not exceed 80 percent. The non-Federal
share of the cost shall be provided from non-Federal sources unless waived by
the Assistant Secretary and the Administrator.

(3)

Coordination
required

In providing grants under paragraph (1), the Assistant
Secretary and the Administrator shall require an eligible entity to certify in
its application that—

(A)

in the case of an
eligible entity that is a State government, the entity—

(i)

has coordinated
its application with the public safety answering points located within the
jurisdiction of such entity;

(ii)

has designated a
single officer or governmental body of the entity to serve as the coordinator
of implementation of 9–1–1 services, except that such designation need not vest
such coordinator with direct legal authority to implement 9–1–1 services,
E9–1–1 services, or Next Generation 9–1–1 services or to manage emergency
communications operations;

(iii)

has established
a plan for the coordination and implementation of 9–1–1 services, E9–1–1
services, and Next Generation 9–1–1 services; and

(iv)

has integrated
telecommunications services involved in the implementation and delivery of
9–1–1 services, E9–1–1 services, and Next Generation 9–1–1 services; or

(B)

in the case of an
eligible entity that is not a State, the entity has complied with clauses (i),
(iii), and (iv) of subparagraph (A), and the State in which it is located has
complied with clause (ii) of such subparagraph.

(4)

Criteria

Not
later than 120 days after the submission of the report required under section
237 of the Wireless Innovation and Public
Safety Act of 2011, the Assistant Secretary and the Administrator
shall issue regulations, after providing the public with notice and an
opportunity to comment, prescribing the criteria for selection for grants under
this section. The criteria shall include performance requirements and a
timeline for completion of any project to be financed by a grant under this
section. The Assistant Secretary and the Administrator shall update such
regulations as necessary.

(c)

Diversion of
9–1–1 Charges

(1)

Designated 9–1–1
charges

For the purposes of this subsection, the term
designated 9–1–1 charges means any taxes, fees, or other charges
imposed by a State or other taxing jurisdiction that are designated or
presented as dedicated to deliver or improve 9–1–1 services, E9–1–1 services,
or Next Generation 9–1–1 services.

(2)

Certification

Each
applicant for a matching grant under this section shall certify to the
Assistant Secretary and the Administrator at the time of application, and each
applicant that receives such a grant shall certify to the Assistant Secretary
and the Administrator annually thereafter during any period of time during
which the funds from the grant are available to the applicant, that no portion
of any designated 9–1–1 charges imposed by a State or other taxing jurisdiction
within which the applicant is located are being obligated or expended for any
purpose other than the purposes for which such charges are designated or
presented during the period beginning 180 days immediately preceding the date
of the application and continuing through the period of time during which the
funds from the grant are available to the applicant.

(3)

Condition of
grant

Each applicant for a grant under this section shall agree,
as a condition of receipt of the grant, that if the State or other taxing
jurisdiction within which the applicant is located, during any period of time
during which the funds from the grant are available to the applicant, obligates
or expends designated 9–1–1 charges for any purpose other than the purposes for
which such charges are designated or presented, eliminates such charges, or
re-designates such charges for purposes other than the implementation or
operation of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1
services, all of the funds from such grant shall be returned to the
Office.

(4)

Penalty for
providing false information

Any applicant that provides a
certification under paragraph (1) knowing that the information provided in the
certification was false shall—

(A)

not be eligible to
receive the grant under subsection (b);

(B)

return any grant
awarded under subsection (b) during the time that the certification was not
valid; and

(C)

not be eligible to
receive any subsequent grants under subsection (b).

(d)

Authorization
and termination

(1)

Authorization

(A)

In
general

There are authorized to be appropriated to the Secretary
of Commerce, for the purposes of carrying out grants under this section,
$250,000,000 total for the 5-year period described in subparagraph (C).

(B)

Limitation

Of
the amounts made available to the Secretary of Commerce under this paragraph in
a fiscal year, not more than 5 percent of such amounts may be obligated or
expended to cover the administrative costs of carrying out this section.

(C)

Period

The
5-year period under subparagraph (A) begins on the first day of the fiscal year
that begins following the date of the submission of the report required under
section 237 of the Wireless Innovation and
Public Safety Act of 2011.

(2)

Termination

Effective
on the day after the end of the 5-year period described in paragraph (1)(C),
the authority provided by this section terminates and this section shall have
no effect.

(e)

Definitions

In
this section:

(1)

9–1–1
services

The term 9–1–1 services includes both
E9–1–1 services and Next Generation 9–1–1 services.

(2)

E9–1–1
services

The term E9–1–1 services means both phase I
and phase II enhanced 9–1–1 services, as described in section 20.18 of the
Commission’s regulations (47 C.F.R. 20.18), as in effect on the date of
enactment of the Wireless Innovation and
Public Safety Act of 2011, or as subsequently revised by the
Commission.

(3)

Eligible
entity

(A)

In
general

The term eligible entity means a State or
local government or a tribal organization (as defined in section 4(l) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(l))).

(B)

Instrumentalities

The
term eligible entity includes public authorities, boards,
commissions, and similar bodies created by 1 or more eligible entities
described in subparagraph (A) to provide 9–1–1 service, E9–1–1 services, or
Next Generation 9–1–1 services.

(C)

Exception

The
term eligible entity does not include any entity that has failed
to submit the most recently required certification under subsection (c) within
30 days after the date on which such certification is due.

(4)

Emergency
call

The term emergency call means any real-time
communication with a public safety answering point or other emergency
management or response agency, including—

(A)

through voice,
text, or video and related data; and

(B)

nonhuman-initiated
automatic event alerts, such as alarms, telematics, or sensor data, which may
also include real-time voice, text, or video communications.

(5)

Next Generation
9–1–1 services

The term Next Generation 9–1–1
services means an IP-based system comprised of hardware, software, data,
and operational policies and procedures that—

(A)

provides
standardized interfaces from emergency call and message services to support
emergency communications;

(B)

processes all
types of emergency calls, including voice, text, data, and multimedia
information;

delivers the
emergency calls, messages, and data to the appropriate public safety answering
point and other appropriate emergency entities;

(E)

supports data or
video communications needs for coordinated incident response and management;
and

(F)

provides broadband
service to public safety answering points or other first responder
entities.

(6)

Office

The
term Office means the 9–1–1 Implementation Coordination
Office.

(7)

Public safety
answering point

The term public safety answering
point has the meaning given the term in section 222 of the
Communications Act of 1934 (47 U.S.C. 222).

(8)

State

The
term State means any State of the United States, the District of
Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
the Northern Mariana Islands, and any other territory or possession of the
United
States.

.

233.

Requirements
for multi-line telephone systems

(a)

In
general

Not later than 270 days after the date of enactment of
this Act, the Administrator of General Services, in conjunction with the
Office, shall issue a report to Congress identifying the 9–1–1 capabilities of
the multi-line telephone system in use by all Federal agencies in all Federal
buildings and properties.

(b)

Commission
action

(1)

In
general

Not later than 90 days after the date of enactment of
this Act, the Commission shall issue a public notice seeking comment on the
feasibility of requiring MLTS manufacturers to include within all such systems
manufactured or sold after a date certain, to be determined by the Commission,
one or more mechanisms to provide a sufficiently precise indication of a 9–1–1
caller’s location, while avoiding the imposition of undue burdens on MLTS
manufacturers, providers, and operators.

(2)

Specific
requirement

The public notice under paragraph (1) shall seek
comment on the National Emergency Number Association’s Technical
Requirements Document On Model Legislation E9–1–1 for Multi-Line Telephone
Systems (NENA 06–750, Version 2).

234.

GAO study of
State and local use of 9–1–1 service charges

(a)

In
general

Not later than 60 days after the date of enactment of
this Act, the Comptroller General of the United States shall initiate a study
of—

(1)

the imposition of
taxes, fees, or other charges imposed by States or political subdivisions of
States that are designated or presented as dedicated to improve emergency
communications services, including 9–1–1 services or enhanced 9–1–1 services,
or related to emergency communications services operations or improvements;
and

(2)

the use of
revenues derived from such taxes, fees, or charges.

(b)

Report

Not
later than 18 months after initiating the study required by subsection (a), the
Comptroller General shall prepare and submit a report on the results of the
study to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of Representatives
setting forth the findings, conclusions, and recommendations, if any, of the
study, including—

(1)

the identity of
each State or political subdivision that imposes such taxes, fees, or other
charges; and

(2)

the amount of
revenues obligated or expended by that State or political subdivision for any
purpose other than the purposes for which such taxes, fees, or charges were
designated or presented.

235.

Parity of
protection for provision or use of next generation 9–1–1 service

(a)

Immunity

A
provider or user of Next Generation 9–1–1 services, a public safety answering
point, and the officers, directors, employees, vendors, agents, and authorizing
government entity (if any) of such provider, user, or public safety answering
point, shall have immunity and protection from liability under Federal and
State law to the extent provided in subsection (b) with respect to—

(1)

the release of
subscriber information related to emergency calls or emergency services;

(2)

the use or
provision of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1
services; and

(3)

other matters
related to 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1
services.

(b)

Scope of
immunity and protection from liability

The scope and extent of
the immunity and protection from liability afforded under subsection (a) shall
be the same as that provided under section 4 of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a) to wireless
carriers, public safety answering points, and users of wireless 9–1–1 service
(as defined in paragraphs (4), (3), and (6), respectively, of section 6 of that
Act (47 U.S.C.
615b)) with respect to such release, use, and other
matters.

236.

Commission
proceeding on autodialing

(a)

In
general

Not later than 90 days after the date of enactment of
this Act, the Commission shall initiate a proceeding to create a specialized
Do-Not-Call registry for public safety answering points.

(b)

Features of the
registry

The Commission shall issue regulations, after providing
the public with notice and an opportunity to comment, that—

(1)

permit verified
public safety answering point administrators or managers to register the
telephone numbers of all 9–1–1 trunks and other lines used for the provision of
emergency services to the public or for communications between public safety
agencies;

(2)

provide a process
for verifying, no less frequently than once every 7 years, that registered
numbers should continue to appear upon the registry;

(3)

provide a process
for granting and tracking access to the registry by the operators of automatic
dialing equipment;

(4)

protect the list
of registered numbers from disclosure or dissemination by parties granted
access to the registry; and

(5)

prohibit the use
of automatic dialing or robocall equipment to establish contact
with registered numbers.

(c)

Enforcement

The
Commission shall—

(1)

establish monetary
penalties for violations of the protective regulations established pursuant to
subsection (b)(4) of not less than $100,000 per incident nor more than
$1,000,000 per incident;

(2)

establish monetary
penalties for violations of the prohibition on automatically dialing registered
numbers established pursuant to subsection (b)(5) of not less than $10,000 per
call nor more than $100,000 per call; and

(3)

provide for the
imposition of fines under paragraphs (1) or (2) that vary depending upon
whether the conduct leading to the violation was negligent, grossly negligent,
reckless, or willful, and depending on whether the violation was a first or
subsequent offence.

237.

NHTSA report on
costs for requirements and specifications of Next Generation 9–1–1
services

(a)

In
general

Using amounts made available from the Public Safety Trust
Fund under section 401, not later than 1 year after the date of enactment of
this Act, the Administrator of the National Highway Traffic Safety
Administration, in consultation with the Commission, the Secretary of Homeland
Security, and the Office, shall prepare and submit to Congress a report that
analyzes and determines detailed costs for specific Next Generation 9–1–1
service requirements and specifications.

(b)

Contents

The
report required under subsection (a) shall include the following:

(1)

How costs would be
allocated geographically or among public safety answering points, broadband
service providers, and third-party providers of Next Generation 9–1–1
services.

(2)

An assessment of
the current state of Next Generation 9–1–1 service readiness among public
safety answering points.

(3)

How differences in
public safety answering points’ access to broadband across the United States
may affect costs.

(4)

A
technical analysis and cost study of different delivery platforms, such as
wireline, wireless, and satellite.

(5)

An assessment of
the architectural characteristics, feasibility, and limitations of Next
Generation 9–1–1 service delivery.

(6)

An analysis of the
needs for Next Generation 9–1–1 service of persons with disabilities.

(7)

Standards and
protocols for Next Generation 9–1–1 service and for incorporating Voice over
Internet Protocol and real-time text standards.

238.

FCC
recommendations for legal and statutory framework for Next Generation 9–1–1
services

Not later than 1 year
after the date of enactment of this Act, the Commission, in coordination with
the Secretary of Homeland Security, the Administrator of the National Highway
Traffic Safety Administration, and the Office, shall prepare and submit a
report to Congress that contains recommendations for the legal and statutory
framework for Next Generation 9–1–1 services, consistent with recommendations
in the National Broadband Plan developed by the Commission pursuant to the
American Recovery and Reinvestment Act of 2009, including the following:

(1)

A
legal and regulatory framework for the development of Next Generation 9–1–1
services and the transition from legacy 9–1–1 to Next Generation 9–1–1
services.

proposals that
would require States to remove regulatory impediments to Next Generation 9–1–1
services development, while recognizing the appropriate role of the
States;

(B)

eliminating
outdated 9–1–1 regulations at the Federal level; and

(C)

preempting
inconsistent State regulations.

III

Spectrum Auction
Authority

301.

Deadlines for
auction of certain spectrum

(a)

In
general

(1)

Auction

The Commission shall, through competitive
bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), assign licenses for the use of the electromagnetic spectrum described
in paragraph (2) in accordance with the timetable set forth in paragraph
(3).

(2)

Spectrum
described

The spectrum described in this paragraph is the
following:

(A)

The frequencies from 2155 megahertz to 2180
megahertz.

(B)

The frequencies from 1755 megahertz to 1780
megahertz, except that if—

(i)

the President determines that such
frequencies cannot be reallocated for non-Federal use due to the need to
protect incumbent Federal operations from interference; and

(ii)

the President identifies other spectrum the
reallocation for non-Federal use of which better serves the public interest,
convenience, and necessity and that can reasonably be expected to produce
comparable auction receipts;

the
spectrum described in this subparagraph shall be the spectrum identified by the
President under clause (ii).(C)

The frequencies from 1695 megahertz to 1710
megahertz, except for the geographic exclusion zones (as such zones may be
amended) identified in the report of the NTIA published in October 2010 and
entitled An Assessment of Near-Term Viability of Accommodating Wireless
Broadband Systems in 1675–1710 MHz, 1755–1780 MHz, 3500–3650 MHz, and 4200–4220
MHz, 4380–4400 MHz Bands.

(D)

Fifteen megahertz of contiguous spectrum
identified by the Commission to be paired with the spectrum described in
subparagraph (C).

(E)

The frequencies from 1780 megahertz to 1850
megahertz, except that if—

(i)

the President determines that such
frequencies cannot be reallocated for non-Federal use due to the need to
protect incumbent Federal operations from interference; and

(ii)

the President identifies other spectrum the
reallocation for non-Federal use of which better serves the public interest,
convenience, and necessity and that can reasonably be expected to produce
comparable auction receipts;

the
spectrum described in this subparagraph shall be the spectrum identified by the
President under clause (ii).(3)

Timetable

Notwithstanding paragraph (15)(A) of such
section 309(j), the Commission shall complete all actions necessary in order
to—

(A)

in the case of licenses for the use of the
spectrum described in subparagraphs (A) and (B) of paragraph (2)—

(i)

commence the bidding process not later than
January 31, 2014; and

(ii)

deposit the
available proceeds in accordance with paragraph (8) of such section not later
than June 30, 2014;

(B)

in the case of
licenses for the use of the spectrum described in subparagraphs (C) and (D) of
paragraph (2)—

(i)

commence the bidding process not later than
January 31, 2018; and

(ii)

deposit the available proceeds in
accordance with paragraph (8) of such section not later than June 30, 2018;
and

(C)

in the case of
licenses for the use of the spectrum described in subparagraph (E) of paragraph
(2)—

(i)

commence the bidding process not later than
January 31, 2020; and

(ii)

deposit the available proceeds in
accordance with paragraph (8) of such section not later than June 30,
2020.

(4)

Notification to
President

Not later than 6 months before each auction of
frequencies under paragraph (1) in which any frequency assigned to a Federal
Government station will be auctioned, the Commission shall notify the President
of the date when such auction will begin and the frequencies to be
auctioned.

(5)

Withdrawal from
Federal use

Notwithstanding section 1062(b) of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 47 U.S.C.
921 note), upon receipt of a notification from the Commission under paragraph
(4) with respect to an auction of frequencies, the President shall withdraw the
assignment to a Federal Government station of any such frequency.

(6)

Delayed or
phased reallocation of certain Federal spectrum

If the President
determines that reallocation for non-Federal use of the spectrum described in
subparagraph (E) of paragraph (2) must be delayed or conducted in phases to
ensure protection from interference of or continuity of incumbent Federal
operations, the President may delay the withdrawal under paragraph (5) of the
assignment of such spectrum to a Federal Government station until such time as
the President considers necessary to ensure such protection, but in no case
later than January 31, 2020.

(b)

Auction of
certain other spectrum

(1)

Auction

In accordance with the timetable set forth
in paragraph (2), the Commission shall assign through competitive bidding under
section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), or
reallocate for unlicensed use, the electromagnetic spectrum between the
frequencies from 3550 megahertz to 3650 megahertz, except for the geographic
exclusion zones (as such zones may be amended) identified in the report of the
NTIA published in October 2010 and entitled An Assessment of Near-Term
Viability of Accommodating Wireless Broadband Systems in 1675–1710 MHz,
1755–1780 MHz, 3500–3650 MHz, and 4200–4220 MHz, 4380–4400 MHz
Bands.

(2)

Timetable

Notwithstanding paragraph (15)(A) of such
section, the Commission shall complete all actions necessary in order
to—

(A)

commence the
bidding process, or commence reallocation for unlicensed use, not later than 3
years after the date of the enactment of this Act; and

(B)

deposit the available proceeds in
accordance with paragraph (8) of such section not later than 6 months
thereafter.

(3)

Notification to
President

Not later than 6 months before each auction of
frequencies under paragraph (1), or the reallocation for unlicensed use of any
frequency described in such paragraph, the Commission shall notify the
President of the date when such auction will begin or such reallocation will
occur and the frequencies to be auctioned or reallocated.

(4)

Withdrawal from
Federal use

Upon receipt of a notification from the Commission
under paragraph (3) with respect to an auction or reallocation of frequencies,
the President shall withdraw the assignment to a Federal Government station of
any such frequency.

(c)

Auction
proceeds

Section 309(j)(8) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)) is amended—

in clause (i), by
striking subparagraph (E)(ii) and inserting subparagraphs
(D)(ii), (E)(ii), (F), and (G)(iv); and

(B)

in clause
(iii)—

(i)

by
striking the period at the end and inserting a semicolon;

(ii)

by
striking shall be and inserting the following:

(I)

before the date of the enactment of the
Wireless Innovation and Public Safety Act of
2011, shall be

;
and

(iii)

by
adding at the end the following:

(II)

during the 10-year period beginning on the
date of the enactment of the Wireless
Innovation and Public Safety Act of 2011, shall be transferred to
the Public Safety Broadband Corporation established under section 201(a)(1) of
such Act for use by the Corporation to carry out its duties and
responsibilities under titles I and II of such Act; and

(III)

after such period, shall be transferred to
the general fund of the Treasury for the sole purpose of deficit
reduction.

;

(3)

in subparagraph
(D)—

(A)

by striking the
heading and inserting Proceeds from reallocated Federal
spectrum;

(B)

by striking
Cash and inserting the following:

(i)

In
general

Except as provided in
clause (ii), cash

;
and

(C)

by adding at the
end the following:

(ii)

Certain other
proceeds

Except as provided
in subparagraph (B), in the case of proceeds (including deposits and upfront
payments from successful bidders) attributable to the auction of eligible
frequencies described in paragraph (2) of section 113(g) of the National
Telecommunications and Information Administration Organization Act that are
required to be auctioned by subsection (a)(1) or (b)(1) of section 301 of the
Wireless Innovation and Public Safety Act of
2011, such portion of such proceeds as is necessary to cover the
relocation costs and sharing costs (as defined in paragraph (3) of such section
113(g)) of Federal entities relocated from or sharing such eligible frequencies
shall be deposited in the Spectrum Relocation Fund. The remainder of such
proceeds shall be deposited in the Public Safety Trust Fund established by
section 401(a)(1) of such Act.

;
and

(4)

by adding at the
end the following new subparagraph:

(F)

Certain proceeds
designated for Public Safety Trust Fund

Except as provided in subparagraphs (B) and
(D), the proceeds (including deposits and upfront payments from successful
bidders) from the use of a system of competitive bidding under this subsection
pursuant to subsections (a)(1) and (b)(1) of section 301 of the
Wireless Innovation and Public Safety Act of
2011 shall be deposited in the Public Safety Trust Fund
established by section 401(a)(1) of such
Act.

.

(d)

Extension of
auction authority

Section 309(j)(11) of the Communications Act of
1934 (47 U.S.C. 309(j)(11)) is amended by striking 2012 and
inserting 2021.

302.

Incentive
auction authority

(a)

In
general

Section 309(j)(8) of
the Communications Act of 1934, as amended by section 301(c), is further
amended by adding at the end the following new subparagraph:

(G)

Incentive
auction authority

(i)

In
general

If the Commission determines that it is consistent with
the public interest in utilization of the spectrum for a licensee to
voluntarily relinquish some or all of its licensed rights for the use of
spectrum in order to permit—

(I)

through competitive bidding under this
subsection, the assignment of initial licenses subject to new service rules, on
a flexible-use basis to the extent technologically feasible; or

(II)

the allocation of
spectrum for unlicensed use;

the
Commission may disburse to such licensee, from the proceeds from competitive
bidding for any spectrum usage rights made available by reason of
relinquishments under this subparagraph, an amount that the Commission
considers appropriate, based on the value of the rights relinquished by such
licensee.(ii)

Factors for
consideration

In considering whether to accept the voluntary
relinquishment of licensed spectrum usage rights of a licensee and share
proceeds with such licensee under clause (i), the Commission shall consider the
following factors:

(I)

The conditions
under which such licensee could maintain the license and whether such licensee
is in compliance with the license terms.

(II)

The extent to
which such relinquishment would serve the public interest, convenience, and
necessity.

(iii)

Coverage area
requirements

In assigning
licenses under this subparagraph, the Commission shall make all reasonable
efforts to ensure that there is an adequate opportunity for applicants to
submit bids for licenses covering both large and small geographic areas, as
such areas are determined by the Commission.

(iv)

Treatment of
revenues

Except as provided
in subparagraph (B), all proceeds (including deposits and upfront payments from
successful bidders) from the auction of spectrum usage rights made available by
relinquishments under this subparagraph shall be deposited in the Public Safety
Trust Fund established by section 401(a)(1) of the
Wireless Innovation and Public Safety Act of
2011.

.

(b)

Special rules
for television broadcast spectrum

(1)

General
authority to reorganize

In
order to create a geographically contiguous band of spectrum across the United
States, the Commission shall—

(A)

create a framework to make available such
portions of the television broadcast spectrum as the Commission considers
appropriate; and

(B)

require television broadcast station
licensees and other licensees to relocate, as the Commission considers
appropriate.

(2)

Voluntary nature
of incentive auctions

Except
as provided in paragraphs (3) and (4), reclamation or modification of spectrum
usage rights of a television broadcast station licensee for the purpose of
providing spectrum usage rights to carry out an incentive auction under
subparagraph (G) of section 309(j)(8) of the Communications Act of 1934, as
added by subsection (a), shall be on a voluntary basis.

(3)

Reclamation in
exchange for rights to substantially equivalent spectrum

(A)

In
general

The Commission may
reclaim the spectrum usage rights of a television broadcast station licensee
for the purpose of providing spectrum usage rights to carry out an incentive
auction under section 309(j)(8)(G) of the Communications Act of 1934 if the
Commission assigns to such licensee the rights to use an identical amount of
contiguous spectrum, in the same geographic market.

(B)

Substantial
equivalence

The Commission
shall ensure, to the extent technically feasible, in the public interest, and
consistent with the goals of the auction, that spectrum usage rights assigned
under subparagraph (A) enable a licensee to offer service that is substantially
similar in service contour, population covered, and amount of harmful
interference to the service offered by such licensee on the spectrum the rights
to which are reclaimed by the Commission under such subparagraph.

(C)

Relocation
costs

The costs incurred by a licensee in relocating to an
identical amount of spectrum under subparagraph (A) shall be paid from the
Incentive Auction Relocation Fund established by paragraph (6).

(4)

Modification of
rights and compensation

(A)

Modification

If
the Commission determines that it is in the public interest to modify the
spectrum usage rights of a television broadcast station licensee for the
purpose of providing spectrum usage rights to carry out an incentive auction
under section 309(j)(8)(G) of the Communications Act of 1934, the Commission
may make the modification and compensate such licensee for the reduction in
spectrum usage rights from the Incentive Auction Relocation Fund established by
paragraph (6).

(B)

Least
modification technically feasible

To the extent technically
feasible and in the public interest, in making a modification of the spectrum
usage rights of a television broadcast station licensee under subparagraph (A),
the Commission shall make reasonable efforts to—

(i)

preserve the amount of population covered
by the signal of such licensee within the service area of such licensee;
and

(ii)

avoid any
substantial increase in harmful interference to the signal of such licensee as
a result of the modification.

(5)

Limitations

(A)

Co-location

In
the reorganization of the television broadcast spectrum under this
subsection—

(i)

the Commission may not involuntarily
co-locate multiple television broadcast station licensees on the same channel;
and

(ii)

each television broadcast station licensee
voluntarily electing to be co-located shall have the carriage rights under
sections 338, 614, and 615 of the Communications Act of 1934 (47 U.S.C. 338;
534; 535) that it would have had if it had been the sole television broadcast
station licensee located at the shared location on November 30, 2010.

(B)

No involuntary
relocation from UHF to VHF

In
the reorganization of the television broadcast spectrum under this subsection,
the Commission may not involuntarily reassign a licensee from a television
channel located between 470 megahertz and 608 megahertz to a television channel
located between 54 megahertz and 216 megahertz.

(6)

Establishment of
Incentive Auction Relocation Fund

(A)

In
general

There is established in the Treasury of the United States
a fund to be known as the Incentive Auction Relocation Fund.

(B)

Deposits

There
shall be deposited in the Incentive Auction Relocation Fund the amounts
specified in section 401(b)(2).

(C)

Availability

Amounts
in the Incentive Auction Relocation Fund shall be available to the Assistant
Secretary for use—

(i)

without fiscal
year limitation;

(ii)

without further
appropriation;

(iii)

in the case of availability for payment of
the costs of a particular television broadcast station licensee described in
subparagraph (D)(i)(I), for a period not to exceed 18 months following the
latest of—

(I)

completion of the
auction under section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) from which such amounts were derived;

(II)

the issuance by the Commission to such
licensee of a construction permit to allow such licensee to change channels or
geographic locations; or

(III)

notification by
such licensee to the Assistant Secretary that such licensee has incurred or
will incur costs as a result of such a change;

(iv)

in
the case of availability for payment of costs of a particular multichannel
video programming distributor described in subparagraph (D)(i)(II), for a
period not to exceed 18 months following the later of—

(I)

completion of the
auction under section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) from which such amounts were derived; or

(II)

notification by such multichannel video
programming distributor to the Assistant Secretary that such multichannel video
programming distributor has incurred or will incur such costs; and

(v)

before January 1,
2018.

(D)

Use of
funds

(i)

In
general

Amounts in the Incentive Auction Relocation Fund may only
be used by the Assistant Secretary, in consultation with the Commission, to
cover—

(I)

the costs, including the costs of new
equipment, installation, and construction (including the costs of tower,
antenna, transmitter, and transmission line upgrades), incurred by television
broadcast station licensees as a result of—

(aa)

relocation to an identical amount of
contiguous spectrum under paragraph (3); or

(bb)

modification of spectrum usage rights under
paragraph (4);

(II)

the costs of multichannel video programming
distributors (as defined in section 602(13) of the Communications Act of 1934
(47 U.S.C. 522(13))) to continue complying with any carriage obligations under
sections 338, 614, and 615 of such Act (47 U.S.C. 338; 534; 535), if such costs
were incurred as a result of—

(aa)

voluntary
relinquishment by television broadcast station licensees of spectrum usage
rights under section 309(j)(8)(G) of such Act;

(bb)

relocation of television broadcast station
licensees to an identical amount of contiguous spectrum under paragraph (3);
or

(cc)

modification of the spectrum usage rights
of television broadcast station licensees under paragraph (4); and

(III)

the expenses
incurred by the Assistant Secretary in administering the Fund.

(ii)

Prohibition

Amounts in the Incentive Auction Relocation
Fund may not be used to cover—

(I)

lost revenues;
or

(II)

costs incurred by a television broadcast
station licensee as a result of a voluntary relinquishment of rights.

(iii)

Reasonableness

The
Assistant Secretary may only make payments under clause (i) to cover costs that
were reasonably incurred, as determined by the Assistant Secretary, in
consultation with the Commission.

(7)

Confidentiality

The
Commission shall protect the confidentiality of the identity of a television
broadcast station licensee offering to relinquish spectrum usage rights under
section 309(j)(8)(G) of the Communications Act of 1934 until the relinquishment
becomes effective.

(8)

Deadlines for
reorganization of television broadcast spectrum

(A)

Rulemaking

Not
later than 18 months after the date of the enactment of this Act, the
Commission shall complete a rulemaking proceeding to establish a process for
carrying out the reorganization of the television broadcast spectrum under this
subsection.

(B)

Auctions

The
Commission shall take all actions necessary in order to, with respect to the
portions of the television broadcast spectrum made available through the
reorganization under this subsection—

(i)

not
later than January 31, 2016—

(I)

commence the
bidding process under section 309(j)(8)(G) of the Communications Act of 1934 to
assign initial licenses subject to new service rules, on a flexible-use basis
to the extent technologically feasible; or

(II)

allocate such
spectrum for unlicensed use; and

(ii)

not
later than June 30, 2016, deposit the available proceeds in accordance with
such section.

(9)

Limitation

During the period beginning on the date of
the enactment of this Act and ending on June 30, 2016, the Commission may
conduct only 1 process involving reorganization of the television broadcast
spectrum under this subsection.

(10)

Certain
provisions inapplicable

The
following provisions of the Communications Act of 1934 shall not apply in the
case of the reorganization of television broadcast spectrum under this
subsection or the auction under section 309(j)(8)(G) of such Act of the
spectrum made available through such reorganization: section 307(b), the 2nd
and 3rd sentences and subparagraphs (A) and (F) of section 309(j)(3),
subparagraphs (A), (C), and (D) of section 309(j)(4), section 309(j)(15)(A),
section 316, and section 331.

(11)

Definitions

In this subsection:

(A)

Television
broadcast spectrum

The term television broadcast
spectrum means the portions of the electromagnetic spectrum between the
frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 88
megahertz, from 174 megahertz to 216 megahertz, from 470 megahertz to 608
megahertz, and from 614 megahertz to 698 megahertz.

(B)

Television
broadcast station licensee

The term television broadcast
station licensee means the licensee of—

(i)

a
full-power television station; or

(ii)

low-power television station that has been
accorded primary status as a Class A television licensee under section
73.6001(a) of title 47, Code of Federal Regulations.

(12)

Expiration

The
preceding paragraphs of this subsection, except paragraphs (6) and (11), shall
not apply after June 30, 2016.

(c)

Incentive
auctions To repurpose certain mobile satellite service spectrum for terrestrial
broadband use

(1)

In
general

To the extent that the Commission makes available, after
the date of the enactment of this Act, initial spectrum licenses for the use of
some or all of the spectrum described in paragraph (2) for terrestrial
broadband use, such licenses shall be assigned through a system of competitive
bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), including, as appropriate, paragraph (8)(G) of such section.

(2)

Spectrum
described

The spectrum described in this paragraph is the
following:

(A)

The frequencies from 1525 megahertz to 1544
megahertz, from 1545 megahertz to 1559 megahertz, from 1626.5 megahertz to
1645.5 megahertz, and from 1646.5 megahertz to 1660.5 megahertz (the L
band).

(B)

The frequencies
from 1610 megahertz to 1626.5 megahertz and from 2483.5 megahertz to 2500
megahertz (the Big LEO band).

(C)

The frequencies
from 2000 megahertz to 2020 megahertz and from 2180 megahertz to 2200 megahertz
(the S band).

(3)

Retention of
Commission authority

Nothing in this subsection shall modify or
restrict the authority of the Commission to grant a waiver under section 316 of
the Communications Act of 1934 (47 U.S.C. 316) to an existing mobile satellite
service licensee to afford such licensee additional flexibility to provide
terrestrial broadband services.

IV

Public Safety
Trust Fund

401.

Public Safety
Trust Fund

(a)

Establishment of
Public Safety Trust Fund

(1)

In
general

There is established in the Treasury of the United States
a trust fund to be known as the Public Safety Trust Fund.

(2)

Deposit of
receipts

(A)

In
general

There shall be deposited in the Public Safety Trust Fund
the proceeds from the auction of spectrum required to be deposited in the Fund
by subparagraphs (D)(ii), (F), and (G) of section 309(j)(8) of the
Communications Act of 1934, as added by sections 301(c)(3)(C), 301(c)(4), and
302(a), respectively.

(B)

Availability

Amounts
deposited in the Public Safety Trust Fund in accordance with subparagraph (A)
shall remain available through fiscal year 2021. After the end of such fiscal
year, such amounts shall be deposited in the general fund of the Treasury,
where such amounts shall be dedicated for the sole purpose of deficit
reduction.

(b)

Use of
Fund

Amounts deposited in the Public Safety Trust Fund shall be
used in the following manner:

(1)

Payment of
incentive amounts

(A)

Disbursals

Amounts in the Public Safety Trust Fund
shall be used to make the disbursals permitted by section 309(j)(8)(G)(i) of
the Communications Act of 1934 to licensees who voluntarily relinquished
licensed spectrum usage rights under such section.

(B)

Notification to
Congress

(i)

In
general

At least 3 months before any incentive auction conducted
under section 309(j)(8)(G) of the Communications Act of 1934, the Chairman of
the Commission, in consultation with the Director of the Office of Management
and Budget, shall notify the appropriate committees of Congress—

(I)

of the methodology
for calculating any disbursals described in subparagraph (A) that will be made
from the proceeds of such auction; and

(II)

that such
methodology considers the value of the spectrum voluntarily relinquished in its
current use and the timeliness with which the licensee cleared its use of such
spectrum.

(ii)

Definition

In
this subparagraph, the term appropriate committees of Congress
means—

(I)

the Committee on
Commerce, Science, and Transportation of the Senate;

(II)

the Committee on
Appropriations of the Senate;

(III)

the Committee on
Energy and Commerce of the House of Representatives; and

(IV)

the Committee on
Appropriations of the House of Representatives.

(2)

Incentive
Auction Relocation Fund

Not less than 5 percent but not more than
$1,000,000,000 of the amounts in the Public Safety Trust Fund shall be
deposited in the Incentive Auction Relocation Fund established by section
302(b)(6)(A).

(3)

State, Local,
and Tribal Planning and Implementation Fund

$250,000,000 shall be
deposited in the State, Local, and Tribal Planning and Implementation Fund
established by section 211(a).

(4)

Public Safety
Broadband Corporation

$11,000,000,000 shall be deposited with the
Public Safety Broadband Corporation established under section 201(a) for
ensuring the construction, management, maintenance, and operation of the public
safety broadband network.

(5)

Public safety
research and development

$40,000,000 per year for each of the
fiscal years 2012 through 2016 shall be made available for use by the Director
of NIST to carry out the research program established under section 221.

(6)

NHTSA report on
Next Generation 9–1–1 services

$2,000,000 shall be made available
for fiscal years 2012 and 2013 for use by the Administrator of the National
Highway Traffic Safety Administration to prepare the report on Next Generation
9–1–1 services required by section 237.

(7)

Deficit
reduction

Any amounts remaining in the Public Safety Trust Fund
after the deduction of the amounts required by paragraphs (1) through (6) shall
be deposited in the general fund of the Treasury, where such amounts shall be
dedicated for the sole purpose of deficit reduction.

(c)

Investment

Amounts
in the Public Safety Trust Fund shall be invested in accordance with section
9702 of title 31, United States Code, and any interest on, and proceeds from,
any such investment shall be credited to, and become a part of, the
Fund.

V

Spectrum
Policy

501.

Spectrum
inventory

Part B of title I of
the National Telecommunications and Information Administration Organization Act
(47 U.S.C. 921 et seq.) is amended by adding at the end the following:

119.

Spectrum
inventory

(a)

Radio Spectrum
Inventory

In order to promote
the efficient use of the electromagnetic spectrum, the Assistant Secretary and
the Commission shall coordinate and carry out each of the following activities
not later than 1 year after the date of enactment of this section:

(1)

Except as provided
in subsection (e), create an inventory of each radio spectrum band of
frequencies listed in the United States Table of Frequency Allocations, from
225 megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz unless the
Assistant Secretary and the Commission determine that the burden of expanding
the inventory outweighs the benefit, that includes—

(A)

the radio services
authorized to operate in each band of frequencies;

(B)

the identity of
each Federal or non-Federal user within each such radio service authorized to
operate in each band of frequencies;

(C)

the activities,
capabilities, functions, or missions (including whether such activities,
capabilities, functions, or missions are space-based, air-based, or
ground-based) supported by the transmitters, end-user terminals or receivers,
or other radio frequency devices authorized to operate in each band of
frequencies;

(D)

the total amount
of spectrum, by band of frequencies, assigned or licensed to each Federal or
non-Federal user (in percentage terms and in sum) and the geographic areas
covered by their respective assignments or licenses; and

(E)

to the greatest
extent possible—

(i)

the approximate
number of transmitters, end-user terminals or receivers, or other radio
frequency devices authorized to operate, as appropriate to characterize the
extent of use of each radio service in each band of frequencies;

(ii)

an approximation
of the extent to which each Federal or non-Federal user is using, by geography,
each band of frequencies, such as the amount and percentage of time of use,
number of end users, or other measures as appropriate to the particular band
and radio service;

(iii)

contour maps or
other information that illustrates the coverage area, receiver performance, and
other parameters relevant to an assessment of the availability of spectrum in
each band;

(iv)

for each band or
range of frequencies, the identity of each entity offering unlicensed services
and the types and approximate number of unlicensed intentional radiators
verified or certified by the Commission that are authorized to operate;
and

(v)

for non-Federal
users, any commercial names under which facilities-based service is offered to
the public using the spectrum of the non-Federal user, including the commercial
names under which the spectrum is being offered through resale.

(2)

Except as provided
in subsection (e), create a centralized portal or Web site to make the
inventory of the bands of frequencies required under paragraph (1) available to
the public.

(b)

Use of Agency
resources

In creating the inventory described in subsection
(a)(1), the Assistant Secretary and the Commission shall first use agency
resources, including existing databases, field testing, and recordkeeping
systems, and only request information from Federal and non-Federal users if
such information cannot be obtained using such agency resources.

(c)

Reports

(1)

In
general

Except as provided in subsection (e), not later than 2
years after the date of enactment of this section and biennially thereafter,
the Assistant Secretary and the Commission shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and to the
Committee on Energy and Commerce of the House of Representatives
containing—

(A)

the results of the
inventory created under subsection (a)(1), including any update to the
information in the inventory pursuant to subsection (d);

(B)

a description of
any information the Assistant Secretary or the Commission determines is
necessary for such inventory but that is unavailable; and

(C)

a description of
any information not provided by any Federal or non-Federal user in accordance
with subsections (e)(1)(B)(ii) and (e)(2)(C)(ii).

(2)

Relocation
report

(A)

In
general

Except as provided in subsection (e), the Assistant
Secretary and the Commission shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives containing a recommendation of
which spectrum, if any, should be reallocated or otherwise made available for
shared access and an explanation of the basis for that recommendation.

(B)

Deadlines

The
report required under subparagraph (A) shall be submitted not later than 2
years after the date of enactment of this section and every 2 years
thereafter.

(3)

Inventory
report

If the Assistant Secretary and the Commission have not
conducted an inventory under subsection (a) to 10 gigahertz at least 90 days
before the third report required under paragraph (1) is submitted, the
Assistant Secretary and the Commission shall include an evaluation in such
report and in every report thereafter of whether the burden of expanding the
inventory to 10 gigahertz outweighs the benefit until such time as the
Assistant Secretary and the Commission have conducted the inventory to 10
gigahertz.

(d)

Maintenance and
Updating of Information

After the creation of the inventory
required by subsection (a)(1), the Assistant Secretary and the Commission shall
make all reasonable efforts to maintain and update the information required
under such subsection on a quarterly basis, including when there is a transfer
or auction of a license or a change in a permanent assignment or
license.

(e)

National
Security and Public Safety Information

(1)

Nondisclosure

(A)

In
general

If the head of an executive agency of the Federal
Government determines that public disclosure of certain information held by
that agency or a licensee of non-Federal spectrum and required by subsection
(a), (c), or (d) would reveal classified national security information or other
information for which there is a legal basis for nondisclosure and such public
disclosure would be detrimental to national security, homeland security, or
public safety, the agency head shall notify the Assistant Secretary of that
determination and shall include descriptions of the activities, capabilities,
functions, or missions (including whether they are space-based, air-based, or
ground-based) supported by the information being withheld.

(B)

Information
provided

The agency head shall provide to the Assistant
Secretary—

(i)

the publicly
releasable information required by subsection (a)(1);

(ii)

to the maximum
extent practicable, a summary description, suitable for public release, of the
classified national security information or other information for which there
is a legal basis for nondisclosure; and

(iii)

a classified
annex, under appropriate cover, containing the classified national security
information or other information for which there is a legal basis for
nondisclosure that the agency head has determined must be withheld from public
disclosure.

(2)

Public safety
nondisclosure

(A)

In
general

If a licensee of non-Federal spectrum determines that
public disclosure of certain information held by that licensee and required to
be submitted by subsection (a), (c), or (d) would reveal information for which
public disclosure would be detrimental to public safety, or the licensee is
otherwise prohibited by law from disclosing the information, the licensee may
petition the Commission for a partial or total exemption from inclusion on the
centralized portal or Web site under subsection (a)(2) and in the report
required by subsection (c).

(B)

Burden

The
licensee seeking an exemption under this paragraph bears the burden of
justifying the exemption and shall provide clear and convincing evidence to
support such an exemption.

(C)

Information
required

If an exemption is granted under this paragraph, the
licensee shall provide to the Commission—

(i)

the publicly
releasable information required by subsection (a)(1) for the inventory;

(ii)

to the maximum
extent practicable, a summary description, suitable for public release, of the
information for which public disclosure would be detrimental to public safety
or the licensee is otherwise prohibited by law from disclosing; and

(iii)

an annex, under
appropriate cover, containing the information that the Commission has
determined should be withheld from public disclosure.

(3)

Additional
disclosure

The annexes required under paragraphs (1)(B)(iii) and
(2)(C)(iii) shall be provided to the congressional committees listed in
subsection (c), but shall not be disclosed to the public under subsection (a)
or subsection (d) or provided to any unauthorized person through any other
means.

(4)

National
Security Council consultation

Prior to the release of the
inventory under subsection (a), any updates to the inventory resulting from
subsection (d), or the submission of a report under subsection (c)(1), the
Assistant Secretary and the Commission shall consult with the National Security
Council for a period not to exceed 30 days for the purposes of determining what
additional information, if any, shall be withheld from the public.

(f)

Proprietary
information

In creating and maintaining the inventory,
centralized portal or Web site, and reports under this section, the Assistant
Secretary and the Commission shall follow their rules and practice regarding
confidential and proprietary information. Nothing in this subsection shall be
construed to compel the Commission to make publicly available any confidential
or proprietary
information.

.

502.

Federal
spectrum planning

(a)

Review of
evaluation process

Not later than 6 months after the date of
enactment of this Act, the Comptroller General of the United States
shall—

(1)

conduct a review
of the processes that Federal entities utilize to evaluate the spectrum needs
of such entities;

(2)

make
recommendations on how to improve such processes; and

(3)

submit to the
appropriate committees of Congress a report on the review and recommendations
made pursuant to paragraphs (1) and (2).

(b)

Revision of
evaluation process

(1)

In
general

Not later than 1 year after the date of enactment of this
Act, each Federal entity shall update or revise the process used by such entity
to evaluate the proposed spectrum needs of such entity, or establish such a
process, taking into account any applicable recommendations made in the report
required by subsection (a).

(2)

Required
inclusions

(A)

Analysis of
options

Each process described in paragraph (1), whether newly
established, updated, or revised, shall include an analysis and assessment
of—

(i)

the
options available to the Federal entity to obtain communications services that
are the most spectrum-efficient; and

(ii)

the
effective alternatives available to such entity that will permit the entity to
continue to satisfy the mission requirements of the entity.

(B)

Analysis
submitted to NTIA

The analysis and assessment carried out under
subparagraph (A) shall be submitted by the Federal entity to the Assistant
Secretary at the same time that the entity seeks certification or
recertification, if applicable, of spectrum support from the NTIA pursuant to
the requirements of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) and OMB Circular
A–11.

(c)

Spectrum plans
of Federal entities

(1)

In
general

Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, each Federal entity shall provide an
entity-specific strategic spectrum plan to the Assistant Secretary and the
Director of the Office of Management and Budget.

the planned uses
of new technologies or expanded services requiring spectrum over a period of
time to be determined by the entity;

(C)

suggested
spectrum-efficient approaches to meeting the spectrum requirements identified
under subparagraph (A); and

(D)

progress reports
on the activities of the entity to improve its spectrum management.

(d)

Classified
national security information and certain other information

(1)

In
general

The head of a Federal
entity shall take the actions described in paragraph (2) if such head
determines that disclosure of information required by subsection (c) would
reveal—

(A)

information that is classified in
accordance with Executive Order 13526 (75 Fed. Reg. 707) or any successor
Executive order establishing or modifying the uniform system for classifying,
safeguarding, and declassifying national security information; or

(B)

other information
for which there is a legal basis for nondisclosure and the public disclosure of
which would be detrimental to national security, homeland security, or public
safety.

(2)

Actions
described

The actions described in this paragraph are the
following:

(A)

Notification to
the Assistant Secretary of the determination under paragraph (1).

(B)

Provision to the
Assistant Secretary of—

(i)

the publicly releasable information
required by subsection (c);

(ii)

to the maximum extent practicable, a
summary description, suitable for public release, of the classified information
or other information for which there is a legal basis for nondisclosure;
and

(iii)

a classified annex, under appropriate
cover, containing the classified information or other information for which
there is a legal basis for nondisclosure that the head of the Federal entity
has determined must be withheld from public disclosure.

(3)

Annex
restriction

The Assistant Secretary shall make an annex described
in paragraph (2)(B)(iii) available to the Secretary of Commerce and the
Director of the Office of Management and Budget. Neither the Assistant
Secretary, the Secretary of Commerce, nor the Director of the Office of
Management and Budget may make any such annex available to the public or to any
unauthorized person through any other means.

(e)

Federal
Strategic Spectrum Plan

(1)

Development and
submission

(A)

In
general

The Secretary of Commerce shall develop a Federal
Strategic Spectrum Plan, in coordination with the Assistant Secretary and the
Director of the Office of Management and Budget.

(B)

Submission to
Congress

Not later than 6
months after the date by which the initial entity-specific strategic spectrum
plans are required to be submitted to the Assistant Secretary under subsection
(c)(1), the Secretary of Commerce shall, consistent with the requirements set
forth in subsection (d)(3), submit the Federal Strategic Spectrum Plan
developed under subparagraph (A) to the appropriate committees of
Congress.

(C)

Nondisclosure of
annexes

The Federal Strategic Spectrum Plan required to be
submitted under subparagraph (B) shall be submitted in unclassified form, but
shall include, if appropriate, 1 or more annexes as provided for by subsection
(d)(2)(B)(iii). No congressional committee may make any such annex available to
the public or to any unauthorized person.

(D)

Classified
annexes

If the Federal Strategic Spectrum Plan includes a
classified annex as provided for by subsection (d)(2)(B)(iii), the Secretary of
Commerce shall—

(i)

submit the
classified annex only to the appropriate committees of Congress with primary
oversight jurisdiction for the user entities or licensees concerned; and

(ii)

provide notice of
the submission to the other appropriate committees of Congress.

(E)

Definition

In
this subsection, the term appropriate committees of Congress means
the Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Energy and Commerce of the House of Representatives, and any other
congressional committee with primary oversight jurisdiction for the user entity
or licensees concerned.

information on how
spectrum assigned to and used by Federal entities is being used;

(B)

opportunities to
increase efficient use of infrastructure and spectrum assigned to and used by
Federal entities;

(C)

an assessment of
the future spectrum needs of the Federal Government; and

(D)

plans to
incorporate such needs in the frequency assignment, equipment certification,
and review processes of the Assistant Secretary.

(4)

Updates

The
Secretary of Commerce shall revise and update the Federal Strategic Spectrum
Plan developed under paragraph (1)(A) to take into account the biennial
submission of the entity-specific strategic spectrum plans submitted under
subsection (c)(1).

(f)

National
Strategic Spectrum Plan

(1)

In
general

Not later than 4 years after the date of enactment of
this Act, and every 4 years thereafter, the Assistant Secretary and the
Commission, in consultation with other Federal departments and agencies, State,
local, and tribal entities, and commercial spectrum interests, shall develop a
quadrennial National Strategic Spectrum Plan.

(2)

Required
inclusion

A National Strategic Spectrum Plan developed under
paragraph (1) shall include the following:

(A)

The Federal Strategic Spectrum Plan
developed under paragraph (1)(A) of subsection (e), as updated under paragraph
(4) of such subsection.

(B)

Long-range
spectrum planning for both Federal and non-Federal users, including commercial
users and State and local government users.

(C)

An identification
of new technologies or expanded services requiring spectrum.

(D)

An identification
and analysis of the nature and characteristics of the new radio communication
systems required and the nature and characteristics of the spectrum
required.

(E)

An identification
and analysis of efficient approaches to meeting the future spectrum
requirements of all users, including—

Section 113(g)(1) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923(g)(1)) is amended to
read as follows:

(1)

Eligible Federal
entities

Any Federal entity that operates a Federal Government
station authorized to use a band of frequencies specified in paragraph (2) and
that incurs relocation costs or sharing costs because of planning for a
potential auction of spectrum frequencies, a planned auction of spectrum
frequencies, or the reallocation of spectrum frequencies from Federal use to
exclusive non-Federal use or to shared use shall receive payment for such
relocation costs or sharing costs from the Spectrum Relocation Fund, in
accordance with section 118. For purposes of this paragraph, Federal power
agencies exempted under subsection (c)(4) that choose to relocate from the
frequencies identified for reallocation pursuant to subsection (a) are eligible
to receive payment under this
paragraph.

.

(b)

Eligible
frequencies

Section 113(g)(2)(B) of the National
Telecommunications and Information Administration Organization Act (47 U.S.C.
923(g)(2)(B)) is amended to read as follows:

(B)

any other band of
frequencies reallocated from Federal use to non-Federal or shared use, whether
for licensed or unlicensed use, after January 1, 2003, that is assigned—

(i)

by
competitive bidding pursuant to section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)); or

(ii)

as a result of an
Act of Congress or any other administrative or executive
direction.

.

(c)

Relocation costs
and sharing costs defined

Section 113(g)(3) of the National
Telecommunications and Information Administration Organization Act (47 U.S.C.
923(g)(3)) is amended to read as follows:

(3)

Relocation costs
and sharing costs defined

(A)

In
general

For purposes of this subsection, the term
relocation costs or sharing costs means the costs
incurred by a Federal entity in connection with the auction (or a potential or
planned auction) of spectrum frequencies previously assigned to such entity, or
the sharing of spectrum frequencies assigned to such entity (including the
auction or a potential or planned auction of the rights to use spectrum
frequencies on a shared basis with such entity), respectively, in order to
achieve comparable capability of systems as before the relocation or the
sharing arrangement. Such term includes, with respect to relocation or sharing,
as the case may be—

(i)

the costs of any
modification or replacement of equipment, spares, associated ancillary
equipment, software, facilities, operating manuals, training costs, or
regulations that are attributable to relocation or sharing;

(ii)

the costs of all
engineering, equipment, software, site acquisition, and construction, as well
as any legitimate and prudent transaction expense, including term-limited
Federal civil servant and contractor staff necessary to carry out the
relocation or sharing activities of an eligible Federal entity, and reasonable
additional costs incurred by the Federal entity that are attributable to
relocation or sharing, including increased recurring costs associated with the
replacement of facilities;

(iii)

the costs of
research, engineering studies, economic analyses, or other expenses reasonably
incurred in connection with—

(I)

calculating the
estimated relocation costs or sharing costs that are provided to the Commission
pursuant to paragraph (4);

(II)

determining the
technical or operational feasibility of relocation to 1 or more potential
relocation bands; or

(III)

planning for or
managing a relocation or sharing project (including spectrum coordination with
auction winners) or potential relocation or sharing project;

(iv)

the one-time costs of any modification of
equipment reasonably necessary—

(I)

to accommodate
commercial use of shared frequencies; or

(II)

in the case of
eligible frequencies reallocated for exclusive commercial use and assigned
through a competitive bidding process under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) but with respect to which a
Federal entity retains primary allocation or protected status for a period of
time after the completion of the competitive bidding process, to accommodate
shared Federal and non-Federal use of such frequencies for such period;

(v)

the costs
associated with the accelerated replacement of systems and equipment if such
acceleration is necessary to ensure the timely relocation of systems to a new
frequency assignment or the timely accommodation of sharing of Federal
frequencies; and

(vi)

the costs of the
use of commercial systems (including systems not utilizing spectrum) to replace
Federal systems discontinued or relocated pursuant to this Act, including lease
(including lease of land), subscription, and equipment costs over an
appropriate period, such as the anticipated life of an equivalent Federal
system or other period determined by the Director of the Office of Management
and Budget.

(B)

Comparable
capability of systems

For purposes of subparagraph (A),
comparable capability of systems—

(i)

may be achieved by
relocating a Federal Government station to a new frequency assignment, by
relocating a Federal Government station to a different geographic location, by
modifying Federal Government equipment to mitigate interference or use less
spectrum, in terms of bandwidth, geography, or time, and thereby permitting
spectrum sharing (including sharing among relocated Federal entities and
incumbents to make spectrum available for non-Federal use) or relocation, or by
utilizing an alternative technology; and

(ii)

includes the
acquisition of state-of-the-art replacement systems intended to meet comparable
operational scope, which may include incidental increases in
functionality.

.

(d)

Certain
procedural requirements

Section 113(g) of the National
Telecommunications and Information Administration Organization Act (47 U.S.C.
923(g)) is amended—

(1)

in paragraph
(4)(A)—

(A)

by inserting or sharing
costs after relocation costs; and

(B)

by inserting
or sharing after such relocation;

(2)

in paragraph
(5)—

(A)

by inserting or sharing
costs after relocation costs; and

(B)

by inserting
or sharing after for relocation; and

(3)

in paragraph
(6)—

(A)

in the 1st
sentence, by inserting and the timely implementation of arrangements for
the sharing of such frequencies before the period at the end;

(B)

in the 2nd
sentence—

(i)

by
striking by relocating to a new frequency assignment or by utilizing an
alternative technology;

(ii)

by
inserting or limit after terminate; and

(iii)

by
inserting or sharing arrangement has been implemented before the
period at the end; and

(C)

in the 3rd
sentence, by inserting or sharing after
relocation.

(e)

Spectrum sharing
agreements

Section 113(g) of the National Telecommunications and
Information Administration Organization Act, as amended by subsection (d), is
further amended by adding at the end the following:

(7)

Spectrum sharing
agreements

A Federal entity is permitted to allow access to its
frequency assignments by a non-Federal entity upon approval of the NTIA, in
consultation with the Director of the Office of Management and Budget. Such
non-Federal entities shall comply with all applicable rules of the Commission
and the NTIA, including any regulations promulgated pursuant to this section.
Any remuneration associated with such access shall be deposited into the
Spectrum Relocation Fund established under section 118. The costs incurred by a
Federal entity as a result of allowing such access are sharing costs for which
the entity is eligible for payment from the Fund for the purposes specified in
paragraph (3). The revenue associated with such access shall be at least 110
percent of the estimated Federal
costs.

.

(f)

Spectrum
Relocation Fund

Section 118 of the National Telecommunications
and Information Administration Organization Act (47 U.S.C. 928) is
amended—

(1)

in subsection (b),
by inserting before the period at the end the following: and any
payments made by non-Federal entities for access to Federal spectrum pursuant
to section 113(g)(7);

(2)

by amending
subsection (c) to read as follows:

(c)

Use of
funds

(1)

Funds from
auctions

The amounts in the Fund from auctions of eligible
frequencies are authorized to be used to pay relocation costs or sharing costs,
as defined in section 113(g)(3), of an eligible Federal entity incurring such
costs with respect to relocation from any eligible frequency or the sharing of
such frequency.

(2)

Funds from
payments by non-Federal entities

The amounts in the Fund from
payments by non-Federal entities for access to Federal spectrum pursuant to
section 113(g)(7) are authorized to be used to pay the sharing costs, as
defined in section 113(g)(3), of an eligible Federal entity incurring such
costs with respect to such access.

(3)

Transfer of
funds

(A)

In
general

Subject to subparagraph (B), the Director of OMB may
transfer at any time (including prior to any auction or contemplated auction or
sharing initiative) such sums as may be available in the Fund to an eligible
Federal entity to pay eligible relocation costs or sharing costs related to
pre-auction estimates or research, as such costs are described in section
113(g)(3)(A)(iii).

(B)

Notification

No
funds may be transferred pursuant to subparagraph (A) unless the notification
provided under subsection (d)(2)(B) includes a certification from the Director
of OMB that—

(i)

funds transferred
before an auction will likely allow for timely implementation of relocation or
sharing, thereby increasing net expected auction proceeds by an amount equal to
or greater than the time value of the amount of funds transferred; and

(ii)

the auction is
intended to occur not later than 5 years after transfer of funds.

(C)

Applicability

(i)

Prior costs
incurred

The Director of OMB may transfer up to $10,000,000 from
the Fund to eligible Federal entities for eligible relocation costs or sharing
costs related to pre-auction estimates or research, as such costs are described
in section 113(g)(3)(A)(iii), for costs incurred prior to the date of the
enactment of the Wireless Innovation and
Public Safety Act of 2011, but after June 28, 2010.

(ii)

Supplement not
supplant

Any amounts transferred by the Director of OMB pursuant
to clause (i) shall be in addition to any amounts that the Director of OMB may
transfer for costs incurred after the date of the enactment of the
Wireless Innovation and Public Safety Act of
2011.

;

(3)

in subsection
(d)—

(A)

in paragraph (1),
by inserting and sharing costs after relocation
costs;

(B)

in paragraph
(2)—

(i)

in subparagraph
(A), by inserting or sharing before the semicolon; and

(ii)

in subparagraph
(B)—

(I)

by inserting or sharing
costs after relocation costs; and

(II)

by inserting
or sharing before the period at the end; and

(C)

by amending
paragraph (3) to read as follows:

(3)

Reversion of
unused funds

(A)

In
general

Any amounts in the Fund that are remaining after the
payment of the relocation costs and sharing costs that are payable from the
Fund shall revert to and be deposited in the general fund of the Treasury not
later than 8 years after the date of the deposit of such proceeds to the Fund,
unless within 60 days in advance of the reversion of such funds, the Director
of OMB, in consultation with the NTIA, notifies the appropriate committees of
Congress that such funds are needed to complete or to implement current or
future relocations or sharing initiatives.

(B)

Definition

In
this paragraph, the term appropriate committees of Congress
means—

(i)

the Committee on
Appropriations of the Senate;

(ii)

the Committee on
Commerce, Science, and Transportation of the Senate;

(iii)

the Committee on
Appropriations of the House of Representatives; and

(iv)

the Committee on
Energy and Commerce of the House of
Representatives.

;

(4)

in subsection
(e)(2)—

(A)

by inserting or sharing
costs after relocation costs;

(B)

by striking
entity’s relocation and inserting relocation of the
entity or implementation of the sharing arrangement by the entity;
and

(C)

by inserting
or the implementation of such arrangement after such
relocation; and

(5)

by adding at the
end the following:

(f)

Additional
payments from the Fund

(1)

Amounts
available

Notwithstanding subsections (c) through (e), after the
date of the enactment of the Wireless
Innovation and Public Safety Act of 2011, and following the
credit of any amounts specified in subsection (b), there are hereby
appropriated from the Fund and available to the Director of OMB—

(A)

up to 10 percent
of the amounts deposited in the Fund from the auction of licenses for
frequencies of spectrum vacated by Federal entities; and

(B)

up to 10 percent
of the amounts deposited in the Fund by non-Federal entities for sharing of
Federal spectrum.

(2)

Use of
amounts

The Director of OMB, in consultation with the NTIA, may
use such amounts to make payments to eligible Federal entities for the purpose
of encouraging timely access to such spectrum, provided that—

(A)

any such payment
by the Director of OMB is based on the market value of the spectrum, the
timeliness with which the Federal entity cleared its use of such spectrum, and
the need for such spectrum in order for the Federal entity to conduct its
essential missions;

(B)

any such payment
by the Director of OMB is used to carry out—

(i)

the purposes
specified in clauses (i) through (vi) of section 113(g)(3)(A) to achieve
enhanced capability for those systems affected by reallocation of Federal
spectrum for commercial use, or by sharing of Federal frequencies with
non-Federal entities; and

(ii)

other
communications, radar, and spectrum-using investments not directly affected by
such reallocation or sharing but essential for the missions of the Federal
entity that is relocating its systems or sharing frequencies;

(C)

the amount
remaining in the Fund after any such payment by the Director of OMB is not less
than 10 percent of the winning bids in the relevant auction, or is not less
than 10 percent of the payments from non-Federal entities in the relevant
sharing agreement;

(D)

any such payment
by the Director of OMB shall not be made until 30 days after the Director has
notified the Committees on Appropriations and Commerce, Science, and
Transportation of the Senate, and the Committees on Appropriations and Energy
and Commerce of the House of Representatives; and

(E)

the Director of
OMB shall make available from such amounts not more than $3,000,000 per year
for each of the fiscal years 2012 through 2016 for use by the Assistant
Secretary in carrying out the spectrum management activities of the Assistant
Secretary under title V of the Wireless
Innovation and Public Safety Act of
2011.

.

(g)

Public
disclosure and nondisclosure

If the head of an executive agency
of the Federal Government determines that public disclosure of any information
contained in a notification or report required by section 113 or 118 of the
National Telecommunications and Information Administration Organization Act (47
U.S.C. 923; 928) would reveal classified national security information or other
information for which there is a legal basis for nondisclosure and such public
disclosure would be detrimental to national security, homeland security, public
safety, or jeopardize law enforcement investigations, the head of the executive
agency shall notify the Assistant Secretary of that determination prior to
release of such classified information or other information. In that event,
such classified information or other information shall be included in a
separate annex, as needed. These annexes shall be provided to the subcommittee
of primary jurisdiction of the congressional committee of primary jurisdiction
in accordance with appropriate national security stipulations but shall not be
disclosed to the public or provided to any unauthorized person through any
other means.

504.

Study on
spectrum efficiency through receiver standards

(a)

In
general

The Comptroller
General of the United States shall conduct a study on efforts to ensure that
each transmission system that employs radio spectrum is designed and operated
so that reasonable use of adjacent spectrum does not excessively impair the
functioning of such system.

(b)

Required
considerations

At a minimum,
the study required by subsection (a) shall consider—

(1)

the value
of—

(A)

improving receiver
standards as it relates to increasing spectral efficiency;

(B)

improving
operation of services in adjacent frequencies;

(C)

narrowing the
guard bands between adjacent spectrum use; and

(D)

improving overall
receiver performance for the end user;

(2)

the role of
manufacturers, commercial licensees, and government users with respect to their
transmission systems and use of adjacent spectrum described in subsection
(a);

(3)

the feasibility of
industry self-compliance with respect to the design and operational
requirements of transmission systems and the reasonable use of adjacent
spectrum described in subsection (a); and

(4)

the value of
action by the Commission and the Assistant Secretary to establish, by rule,
technical requirements or standards for non-Federal and Federal use,
respectively, with respect to the reasonable use of adjacent spectrum described
in subsection (a).

(c)

Report

Not
later than 1 year after the date of enactment of this Act, the Comptroller
General of the United States shall submit a report to the appropriate
committees of Congress on the results of the study required by subsection
(a).

(d)

Definition

For
purposes of this section, the term transmission system means any
telecommunications, broadcast, satellite, commercial mobile service, or other
communications system that employs radio spectrum.

505.

Study on
unlicensed use in the 5 GHz band

(a)

In
general

The Assistant
Secretary and the Commission shall, in consultation with the Secretary of
Transportation and other stakeholders, conduct a study evaluating known and
proposed spectrum-sharing technologies and the risk to Federal and primary
users if unlicensed U–NII devices were allowed to operate in the 5350–5470 MHz
band and the 5850–5925 MHz band.

(b)

Submission

Not later than 8 months after the date of
the enactment of this Act, the Assistant Secretary and the Commission, acting
jointly or separately, shall report on their findings under subsection (a) to
the appropriate committees of Congress.

(c)

Definitions

In this section:

(1)

5350–5470 MHz
band

The term 5350–5470
MHz band means the portion of the electromagnetic spectrum between the
frequencies from 5350 megahertz to 5470 megahertz.

(2)

5850–5925 MHz
band

The term 5850–5925
MHz band means the portion of the electromagnetic spectrum between the
frequencies from 5850 megahertz to 5925 megahertz.

(3)

U–NII
devices

The term U–NII
devices has the meaning given such term in section 15.403(s) of title
47, Code of Federal Regulations, except for the frequency bands specified in
such section.

506.

Report on
availability of wireless equipment for the 700 MHz band

(a)

In
general

Not later than 90
days after the date of the enactment of this Act, and every 6 months thereafter
until January 1, 2016, the Commission shall prepare and submit to the
appropriate committees of Congress a report on—

(1)

the availability
of wireless equipment capable of operating over all spectrum between the
frequencies from 698 megahertz to 806 megahertz that is allocated by the
Commission for paired commercial or public safety use; and

(2)

the potential availability of wireless
equipment capable of operating over spectrum made available through
reorganization of the television broadcast spectrum under section 302(b) and
the auction of such spectrum under subparagraph (G) of section 309(j)(8) of the
Communications Act of 1934, as added by section 302(a).

(b)

Contents

The Commission shall seek input from the
commercial mobile data service industry and include in the report required by
subsection (a) an assessment of—

(1)

the technical
feasibility, and the potential impact on costs, size, battery consumption, and
any other factor the Commission considers appropriate, of making equipment
capable of operating over some or all of the spectrum described in paragraph
(1) of such subsection;

(2)

the timeframe for
when wireless equipment capable of operating over some or all of such spectrum
will be available; and

(3)

the feasibility of
and progress towards making available wireless equipment that is capable of
operating over some or all of the spectrum described in paragraph (2) of such
subsection.